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This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 22 ● ISSUE 19 ● Pages 1634 - 1733
April 1, 2008
I. EXECUTIVE ORDERS
Executive Order No. 137 .................................................................................... 1634 – 1636
Executive Order No. 138 .................................................................................... 1637 – 1638
II. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 1641 – 1649
Insurance, Department of
Department...................................................................................................... 1639 – 1641
III. TEMPORARY RULES
Agriculture and Consumer Services, Department of
Gasoline and Oil Inspection Board ................................................................. 1650 – 1651
IV. APPROVED RULES........................................................................................ 1652 – 1709
Administration, Department of
Department
Crime Control and Public Safety, Department of
Alcohol Law Enforcement Division
Environment and Natural Resources, Department of
Environmental Management Commission
Soil and Water Conservation Commission
Wildlife Resources Commission
Insurance, Department of
Department
Justice, Department of
Private Protective Services Board
Occupational Licensing Boards and Commissions
Funeral Service, Board of
Occupational Therapy, Board of
Perfusionist Advisory Committee of the Medical Board
Psychology Board
Respiratory Care Board
V. RULES REVIEW COMMISSION ................................................................. 1710 – 1727
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 1728 – 1733
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (919) 733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact: Molly Masich, Codifier of Rules molly.masich@ncmail.net (919) 733-3367
Dana Vojtko, Publications Coordinator dana.vojtko@ncmail.net (919) 733-2679
Julie Edwards, Editorial Assistant julie.edwards@ncmail.net (919) 733-2696
Felicia Williams, Editorial Assistant felicia.s.williams@ncmail.net (919) 733-3361
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave., Suite 159 (919) 733-2721
Raleigh, North Carolina 27605 (919) 733-9415 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@ncmail.net (919) 715-8655
Bobby Bryan, Commission Counsel bobby.bryan@ncmail.net (919) 733-0928
Angela Person, Administrative Assistant angela.person@ncmail.net (919) 733-2721
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: William Crumbley, Economic Analyst william.crumbley@ncmail.net (919) 807-4740
Governor’s Review
Reuben Young reuben.young@ncmail.net
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street(919)
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Anita Watkins awatkins@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2008 – December 2008
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
22:13 01/02/08 12/06/07 01/17/08 03/03/08 03/20/08 05/01/08 05/13/08 09/28/08
22:14 01/15/08 12/19/07 01/30/08 03/17/08 03/20/08 05/01/08 05/13/08 10/11/08
22:15 02/01/08 01/10/08 02/16/08 04/01/08 04/21/08 06/01/08 01/2009 10/28/08
22:16 02/15/08 01/25/08 03/01/08 04/15/08 04/21/08 06/01/08 01/2009 11/11/08
22:17 03/03/08 02/11/08 03/18/08 05/02/08 05/20/08 07/01/08 01/2009 11/28/08
22:18 03/17/08 02/25/08 04/01/08 05/16/08 05/20/08 07/01/08 01/2009 12/12/08
22:19 04/01/08 03/10/08 04/16/08 06/02/08 06/20/08 08/01/08 01/2009 12/27/08
22:20 04/15/08 03/25/08 04/30/08 06/16/08 06/20/08 08/01/08 01/2009 01/10/09
22:21 05/01/08 04/10/08 05/16/08 06/30/08 07/21/08 09/01/08 01/2009 01/26/09
22:22 05/15/08 04/24/08 05/30/08 07/14/08 07/21/08 09/01/08 01/2009 02/09/09
22:23 06/02/08 05/09/08 06/17/08 08/01/08 08/20/08 10/01/08 01/2009 02/27/09
22:24 06/16/08 05/23/08 07/01/08 08/15/08 08/20/08 10/01/08 01/2009 03/13/09
23:01 07/01/08 06/10/08 07/16/08 09/02/08 09/22/08 11/01/08 01/2009 03/28/09
23:02 07/15/08 06/23/08 07/30/08 09/15/08 09/22/08 11/01/08 01/2009 04/11/09
23:03 08/01/08 07/11/08 08/16/08 09/30/08 10/20/08 12/01/08 01/2009 04/28/09
23:04 08/15/08 07/25/08 08/30/08 10/14/08 10/20/08 12/01/08 01/2009 05/12/09
23:05 09/02/08 08/11/08 09/17/08 11/03/08 11/20/08 01/01/09 01/2009 05/30/09
23:06 09/15/08 08/22/08 09/30/08 11/14/08 11/20/08 01/01/09 01/2009 06/12/09
23:07 10/01/08 09/10/08 10/16/08 12/01/08 12/22/08 02/01/09 05/2010 06/28/09
23:08 10/15/08 09/24/08 10/30/08 12/15/08 12/22/08 02/01/09 05/2010 07/12/09
23:09 11/03/08 10/13/08 11/18/08 01/02/09 01/20/09 03/01/09 05/2010 07/31/09
23:10 11/17/08 10/24/08 12/02/08 01/16/09 01/20/09 03/01/09 05/2010 08/14/09
23:11 12/01/08 11/05/08 12/16/08 01/30/09 02/20/09 04/01/09 05/2010 08/28/09
23:12 12/15/08 11/20/08 12/30/08 02/13/09 02/20/09 04/01/09 05/2010 09/11/09
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1634
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1635
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1636
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1637
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1638
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1639
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 11 – DEPARTMENT OF INSURANCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Department of Insurance intends to adopt
the rule cited as 11 NCAC 19 .0108 and amend the rules cited as
11 NCAC 19 .0102 - .0106; 20 .0304, .0409, .0510.
Proposed Effective Date: August 1, 2008
Public Hearing:
Date: April 18, 2008
Time: 10:00 a.m.
Location: 3rd Floor Hearing Room, Dobbs Building, 430 N.
Salisbury Street, Raleigh, NC
Reason for Proposed Action: Statutory requirements require
change in record retention period from three years to five years;
and clarifying technical corrections.
Procedure by which a person can object to the agency on a
proposed rule: The Department of Insurance will accept
written objections to these rules until the expiration of the
comment period on June 2, 2008.
Comments may be submitted to: Ellen K. Sprenkel, 1201 Mail
Service Center, Raleigh, NC 27699-1201, phone (919) 733-
4529, fax (919) 733-6495, email esprenkel@ncdoi.net
Comment period ends: June 2, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 19 - MARKET CONDUCT DIVISION
SECTION .0100 - GENERAL PROVISIONS
11 NCAC 19 .0102 MAINTENANCE OF RECORDS
(a) Every insurer licensed to do business in this State shall
maintain for not less than three at least five years all records,
books, documents, and other business records that are required
by this Chapter and by G.S. 58.Chapter 58 of the North Carolina
General Statutes. This data shall be maintained in such an order
that information can be readily ascertained by the Department
upon a market conduct examination.
(b) Every agency, agent, broker, or producer of record shall
maintain a file for each policy sold, and the file shall contain all
work papers and written communications in his or her
possession pertaining to the policy documented therein. These
records shall be retained for not less than three at least five
years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-185; 58-2-190; 58-2-195; 58-2-200; 58-7-
50; 58-20-30; 58-21-40; 58-21-75; 58-22-20(6); 58-23-25; 58-
24-135; 58-27-10; 58-36-85(1); 58-39-70; 48-41-15; 58-41-20;
58-41-25; 58-47-100; 58-48-65; 58-49-55; 58-56-16; 58-62-66;
58-63-20; 58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0103 COMPLAINT RECORDS
Each insurer or its agents shall maintain or cause to be
maintained an itemization register or log of all written
complaints listing the Department Department's file number, the
name of the insured, the nature of the complaint, the Department
insurer's department subject to the complaint, the policy or claim
number of the insured, and the disposition of the complaint.
This record These records shall be retained for at least three five
years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132;58-2-
133; 58-2-134; 58-7-50; 58-20-30; 58-21-40; 58-36-85(1); 58-
47-100; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10;
58-39-70; 58-48-65; 58-49-55; 58-56-16; 58-62-66; 58-63-20;
58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0104 POLICY RECORDS
Each insurer or its agents shall maintain or cause to be
maintained a record of all policies so as to show clearly that
specifies the policy period, basis for rating, and if terminated,
documentation supporting policy termination by the insurer or
policyholder, and accounting records indicating return premium
amounts. These records shall be retained for at least threefive
years.
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1640
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-7-50; 58-20-30; 58-21-
40; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-
36-85(1); 58-39-70; 58-47-100; 58-48-65; 58-49-55; 58-56-16;
58-62-66; 58-63-20; 58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0105 CLAIM RECORDS
Each insurer or its agents shall maintain or cause to be
maintained a record of all claim reports so as to show clearly
that specifies the inception, handling, and disposition of each
claim. These records shall be retained for at least three five
years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-20-30; 58-21-40; 58-21-
75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-36-85(1);
58-39-70; 58-48-65; 58-47-100; 58-49-55; 58-56-16; 58-62-66;
58-63-20; 58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0106 RECORDS REQUIRED FOR
EXAMINATION
(a) Market conduct examinations of property and casualty
insurers generally include review of liability insurers: insurers
being examined by the Department shall provide examiners
access to information about the following areas of operation:
(1) Company overview: history and profile,
company operations and management, and
certificates of authority;
(2) Policyholder treatment: consumer complaints;
(3) Marketing: policy forms and filings, sales and
advertising, agency management;
(4) Underwriting and rating practices: personal
lines and commercial lines; all terminations
(cancellations and nonrenewals) and
declinations or rejections;
(5) Claims practices: organization and procedures,
closed with payment, closed without payment,
total loss settlements (salvage), subrogation,
and litigation.
(b) Market conduct examinations of life and health insurers
generally include review ofinsurers: insurers being examined by
the Department shall provide examiners access to information
about the following areas of operation:
(1) Company overview: history and profile,
company operations and management, and
certificates of authority;
(2) Policyholder treatment: consumer complaints,
nonforfeiture benefits (policy loans, cash
surrenders, extended term and reduced paid-up);
(3) Marketing: policy forms and filings, sales and
advertising, and agency management;
(4) Underwriting and rating practices: life
(individual and group), health (individual and
group), annuities (individual and group);
declinations (individual and group); annuity
suitability questionnaires;
(5) Claims practices: life (individual and group),
health (individual and group) annuities
(individual and group).
(c) Market conduct examinations of full service and single
service health maintenance organizations (HMOs) and single
service HMOs generally include review of organizations: health
maintenance organizations being examined by the Department
shall provide examiners access to information about the
following areas of operation:
(1) Company overview: articles of incorporation,
bylaws, history and profile, company
operations and management, risk management
policies, and data protection plan;
(2) Provider delivery systems: provider manual,
provider contracting policies and procedures,
provider directories, and availability and
accessibility standards and monitoring reports
related to these standards;
(3) Management agreements: management
agreements, intermediary contracts,
intermediary certifications, and provider
agreements;
(4) Utilization management: utilization
management plan, utilization management
policies and procedures, annual utilization
management certifications, utilization
management monthly telephone reports,
precertification records, and appeals of
noncertification records;
(5) Quality management: quality management
plan, quality management policies and
procedures, quality management committee
minutes, quality of care complaints, and
quality management annual program
evaluation;
(6) Provider credentialing: credentialing plan,
credentialing policies and procedures, and
credential files;
(7) Claims practices: policies and procedures,
reports of processed and denied claims, claims
records;
(8) Policyholder treatment: member services'
policies and procedures, member services
complaint logs, member complaint records,
member services monthly telephone reports,
late enrollment guidelines, and member
materials;
(9) Marketing: agent and broker files, agent
appointment and termination listings,
marketing training materials, sales and
advertising materials, and policy forms and
filings;
(10) Underwriting and rating practices:
underwriting manual, annual rate filings,
overview of rate development for each filed
methodology, and underwriting files;
(11) Oversight of delegated functions: oversight
committee activity, oversight monitoring tools,
and audits.
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1641
(d) Market conduct examinations of managed care health
insurers other than health maintenance organizations generally
include review of some or all of plans: managed care plans
being examined by the Department shall provide examiners
access to information about the areas of operation
referencedaddressed in Paragraphs (b) and (c) of this Rule.
(e) Specific If the Department requests specific records relative
to these the areas of operations referenced in Paragraphs (a), (b),
(c), and (d) of this Rulewill usually be requested by prior written
notification or in a pre-examination conference. These
conference, the records shall be made available to the
examinations staff when the staff arrives at the insurer's office.
office, or shall be sent to the Department if requested.
(f) Additional records shall be made available by the insurer on
the date of arrival if the Department has requested that those
records be made available for the examination. Additional
records, not previously requested, may be required during and
after an examination. Appropriate work space Work space that
will accommodate the exam team and equipment shall be
provided by the insurer to the examiners to expedite the
examiners' review of the records.
(g) During a market conduct examination, each insurer shall
respond to all formal requests from a department examiner for
additional data. The insurer shall sign and date the data request
and return it to the examiner-in-charge with any applicable
documentation. The data shall be accurate, all inclusive, and in
the format requested to facilitate the review process.
(h)(g) Records of business that are encompassed by Information
about the areas of operation referenced in Paragraphs (a), (b),
(c), and (d) of this Rule shall be maintained by every insurer for
not less than three at least five years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-7-50; 58-20-30; 58-21-
40; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-
36-85(1); 58-39-70; 58-47-100; 58-48-65; 58-49-55; 58-50-56,
58-50-61, 58-50-62, 58-56-16; 58-62-66; 58-63-20; 58-64-55;
58-65-105; 58-67-10; 58-67-11; 58-67-100.
11 NCAC 19 .0108 DEFINITIONS
As used in this Chapter:
(1) Examination is defined in G.S. 58-2-131(b)(3).
(2) Examiner is defined in G.S. 58-2-131(b)(4).
(3) Health maintenance organization is defined in
G.S. 58-67-5(f).
(4) Insurer includes a health maintenance
organization, service corporation, and a
multiple employer welfare arrangement.
(5) Managed care plan is defined in G.S. 58-50-
61(a)(11).
(6) Provider is defined in G.S. 58-67-5(h).
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-7-50; 58-20-30; 58-21-
40; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-
36-85(1); 58-39-70; 58-47-100; 58-48-65; 58-49-55; 58-50-56,
58-50-61, 58-50-62, 58-56-16; 58-62-66; 58-63-20; 58-64-55;
58-65-105; 58-67-10; 58-67-11; 58-67-100.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 20 - MANAGED CARE HEALTH BENEFIT
PLANS
SECTION .0300 - PROVIDER ACCESSIBILITY AND
AVAILABILITY
11 NCAC 20 .0304 MONITORING ACTIVITIES
Each carrier shall, by means of site visits or review of
information gathered by the carrier, monitor compliance with
this Section and evaluate provider availability and accessibility
at least annually to ensure that the needs of its members are met.
Supporting The documentation of these activities shall be
maintained by domestic carriers for a period of three five years
or until the completion of the next triennial quintennial
examination conducted by the Department, whichever is later.
Foreign carriers shall maintain the documentation of these
activities for a period of five years.
Authority G.S. 58-2-40(1); 58-2-131; 58-50-55(b); 58-65-1; 58-
65-25; 58-65-105; 58-65-140; 58-67-10; 58-67-20; 58-67-35;
58-67-65; 58-67-100; 58-67-140; 58-67-150.
SECTION .0400 - NETWORK PROVIDER
CREDENTIALS
11 NCAC 20 .0409 RECORDS AND
EXAMINATIONS
Each carrier shall maintain or cause to be maintained all records
related to credential verification in a manner that the carrier
deems to be adequate for a period of three five years or until the
completion of the triennial next quintennial examination
conducted by the Department, whichever is later.
Authority G.S. 58-2-40(1); 58-2-131; 58-50-55(b); 58-65-1; 58-
65-25; 58-65-105; 58-65-140; 58-67-5; 58-67-10; 58-67-20; 58-
67-35; 58-67-65; 58-67-100; 58-67-140; 58-67-150.
SECTION .0500 - HMO QUALITY MANAGEMENT
PROGRAMS
11 NCAC 20 .0510 RECORDS AND
EXAMINATIONS
Each HMO shall maintain or cause to be maintained records of
quality management plans, procedures, activities, studies, and
operations. The records shall be accessible to the Commissioner
and shall be retained for a period of three five years or until the
completion of the next triennial quintennial examination
conducted by the Department, whichever is longer. later.
Authority G.S. 58-2-40(1); 58-67-5; 58-67-10; 58-67-20; 58-67-
35; 58-67-65; 58-67-100; 58-67-140; 58-67-150.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1642
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rules cited as 15A NCAC 02B .0225, .0303.
Proposed Effective Date: September 1, 2008
Public Hearing:
Date: April, 22, 2008
Time: 6:00 p.m.
Location: Albert Carlton Cashiers Community Library, 249
Frank Allen Road, Cashiers, NC 28717
Reason for Proposed Action: Proposed Reclassification of
Horsepasture River. The Sierra Club requested that
Horsepasture River (Jackson and Transylvania Counties) in the
Savannah River Drainage Area be reclassified to Outstanding
Resource Waters (ORW). The purpose of this rule change is to
provide supplementary protection for the resources and quality
of these waters. According to 2006 water quality studies, only
the lower 4.6 miles of Horsepasture River in Transylvania
County, which traverse from N.C. 281 (Bohaynee Road) to the
NC-SC state line, and two tributaries (Trays Island Creek and
Logan Creek) to the upper portion of the river in Jackson
County, have excellent water quality. Additional data revealed
that the lower segment of the river contains fish species carrying
State designations ranging from species of concern and
proposed as threatened to significantly rare species, and is
contained within a natural heritage area (NHA) of state
significance and within a nationally significant NHA.
Furthermore, portions of the lower river segment carry state and
federal designations of natural, wild, scenic, and/or
recreational, and lands surrounding parts of it are contained
within national forest, state park, and state gamelands.
Therefore, based on water quality and existing resource values,
this segment of the river and its tributaries qualify for the ORW
designation. The upper portion of the river's watershed also
contains important resource values. This area contains or is
contained within eight NHAs of regional, state or local
significance, and portions of this area are located in a national
forest and a national gameland. This entire watershed is
recognized for its exceptional State and national ecological
significance via the above-mentioned species, NHAs, and
national and state forest, park, and/or gamelands. Therefore, in
addition to providing the ORW designation to the excellent
water quality of the 4.6-mile segment of Horsepasture River and
the tributaries draining to this segment, it is proposed that the
ORW special protection measures, or management strategy, be
implemented throughout the entire watershed. This proposal will
provide a high level of protection of the excellent water quality
in the 4.6-mile segment, Trays Island Creek, and Logan Creek,
and the outstanding resource values found throughout the
watershed. Thus, the 4.6-mile segment and tributaries draining
to this segment are proposed to receive both the ORW
classification and the ORW management strategy, and the
remainder of the watershed is proposed to receive the ORW
management strategy, as symbolized by the "+" classification,
but not the ORW classification. This reclassification would
include the entire river's watershed, meaning the entire main
stem of Horsepasture River from its source to the North
Carolina-South Carolina state line plus all tributaries to the
main stem. The upper portion of the river is classified Class C Tr
(Trout), and is proposed to be reclassified as Class C Tr+. The
lower portion of the river is classified as Class B Tr, and is
proposed to be reclassified to Class B Tr ORW. The land along
the subject waters exists solely within the jurisdiction of
Transylvania and Jackson Counties. The area proposed for
reclassification measures approximately 19,137 acres, and
approximately 36 miles of named waterbodies are proposed to
be reclassified. If reclassified, regulations that affect new
development projects, new and expansions of wastewater
dischargers, and new N.C. Department of Transportation (DOT)
projects would apply. Forestry, non-livestock agricultural, and
farming activities will not be affected. There is no known
proposed development, and no plans for new or expanded
discharges, that would be impacted by the proposal according to
local government and Asheville Regional Office staff. NCDOT
staff have determined that there is one planned DOT project in
the subject area that would be impacted by the proposal, and
this project would require additional stormwater control devices
in order to meet the proposed reclassification's requirements.
Procedure by which a person can object to the agency on a
proposed rule: You may attend the public hearing and make
relevant verbal comments, and/or submit written comments, data
or other relevant information by June 2, 2008. The Hearing
Officer may limit the length of time that you may speak at the
public hearing, if necessary, so that all those who wish to speak
may have an opportunity to do so. The EMC is very interested in
all comments pertaining to the proposed reclassification. All
persons interested and potentially affected by the proposal are
strongly encouraged to read this entire notice and make
comments on the proposed reclassification. The EMC may not
adopt a rule that differs substantially from the text of the
proposed rule published in this notice unless the EMC publishes
the text of the proposed different rule and accepts comments on
the new text (see General Statute 150B 21.2 (g)). Written
comments may be submitted to Elizabeth Kountis of the Water
Quality Planning Section at the postal address, email address,
or fax number listed in this notice.
Comments may be submitted to: Elizabeth Kountis, DENR/
Division of Water Quality, Planning Section, 1617 Mail Service
Center, Raleigh, NC 27699-1617, phone (919) 733-5083
extension 369, fax (919) 715-5637, email
elizabeth.kountis@ncmail.net
Comment period ends: June 2, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1643
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact: A copy of the fiscal note can be obtained from
the agency.
State
Local
Substantive (>$3,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0200 - CLASSIFICATIONS AND WATER
QUALITY STANDARDS APPLICABLE TO SURFACE
WATERS AND WETLANDS OF NORTH CAROLINA
15A NCAC 02B .0225 OUTSTANDING RESOURCE
WATERS
(a) General. In addition to the existing classifications, the
Commission may classify unique and special surface waters of
the state as outstanding resource waters (ORW) upon finding
that such waters are of exceptional state or national recreational
or ecological significance and that the waters have exceptional
water quality while meeting the following conditions:
(1) that the water quality is rated as excellent
based on physical, chemical or biological
information;
(2) the characteristics which make these waters
unique and special may not be protected by the
assigned narrative and numerical water quality
standards.
(b) Outstanding Resource Values. In order to be classified as
ORW, a water body must exhibit one or more of the following
values or uses to demonstrate it is of exceptional state or national
recreational or ecological significance:
(1) there are outstanding fish (or commercially
important aquatic species) habitat and
fisheries;
(2) there is an unusually high level of water-based
recreation or the potential for such recreation;
(3) the waters have already received some special
designation such as a North Carolina or
National Wild and Scenic River, Native or
Special Native Trout Waters or National
Wildlife Refuge, which do not provide any
water quality protection;
(4) the waters represent an important component
of a state or national park or forest; or
(5) the waters are of special ecological or
scientific significance such as habitat for rare
or endangered species or as areas for research
and education.
(c) Quality Standards for ORW
(1) Freshwater: Water quality conditions shall be
maintained to protect the outstanding resource
values of waters classified ORW.
Management strategies to protect resource
values shall be developed on a site specific
basis during the proceedings to classify waters
as ORW. No new discharges or expansions of
existing discharges shall be permitted, and
stormwater controls for all new development
activities requiring an Erosion and
Sedimentation Control Plan in accordance
with rules established by the NC
Sedimentation Control Commission or an
appropriate local erosion and sedimentation
control program shall be required to follow the
stormwater provisions as specified in 15A
NCAC 02H .1000. Specific stormwater
requirements for ORW areas are described in
15A NCAC 02H .1007.
(2) Saltwater: Water quality conditions shall be
maintained to protect the outstanding resource
values of waters classified ORW.
Management strategies to protect resource
values shall be developed on a site-specific
basis during the proceedings to classify waters
as ORW. New development shall comply with
the stormwater provisions as specified in 15A
NCAC 02H .1000. Specific stormwater
management requirements for saltwater ORWs
are described in 15A NCAC 02H .1007. New
non-discharge permits shall meet reduced
loading rates and increased buffer zones, to be
determined on a case-by-case basis. No
dredge or fill activities shall be allowed if
those activities would result in a reduction of
the beds of submerged aquatic vegetation or a
reduction of shellfish producing habitat as
defined in 15A NCAC 03I .0101(b)(20)(A)
and (B), except for maintenance dredging,
such as that required to maintain access to
existing channels and facilities located within
the designated areas or maintenance dredging
for activities such as agriculture. A public
hearing is mandatory for any proposed permits
to discharge to waters classified as ORW.
Additional actions to protect resource values shall be considered
on a site specific basis during the proceedings to classify waters
as ORW and shall be specified in Paragraph (e) of this Rule.
These actions may include anything within the powers of the
Commission. The Commission shall also consider local actions
which have been taken to protect a water body in determining
the appropriate state protection options. Descriptions of
boundaries of waters classified as ORW are included in
Paragraph (e) of this Rule and in the Schedule of Classifications
(15A NCAC 02B .0302 through 02B .0317) as specified for the
appropriate river basin and shall also be described on maps
maintained by the Division of Water Quality.
(d) Petition Process. Any person may petition the Commission
to classify a surface water of the state as an ORW. The petition
PROPOSED RULES
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1644
shall identify the exceptional resource value to be protected,
address how the water body meets the general criteria in
Paragraph (a) of this Rule, and the suggested actions to protect
the resource values. The Commission may request additional
supporting information from the petitioner. The Commission or
its designee shall initiate public proceedings to classify waters as
ORW or shall inform the petitioner that the waters do not meet
the criteria for ORW with an explanation of the basis for this
decision. The petition shall be sent to:
Director
DENR/Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The envelope containing the petition shall clearly bear the
notation: RULE-MAKING PETITION FOR ORW
CLASSIFICATION.
(e) Listing of Waters Classified ORW with Specific Actions
Waters classified as ORW with specific actions to protect
exceptional resource values are listed as follows:
(1) Roosevelt Natural Area [White Oak River
Basin, Index Nos. 20-36-9.5-(1) and
20-36-9.5-(2)] including all fresh and saline
waters within the property boundaries of the
natural area shall have only new development
which complies with the low density option in
the stormwater rules as specified in 15A
NCAC 02H .1005(2)(a) within 575 feet of the
Roosevelt Natural Area (if the development
site naturally drains to the Roosevelt Natural
Area).
(2) Chattooga River ORW Area (Little Tennessee
River Basin and Savannah River Drainage
Area): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section. However, expansions of existing
discharges to these segments shall be allowed
if there is no increase in pollutant loading:
(A) North and South Fowler Creeks;
(B) Green and Norton Mill Creeks;
(C) Cane Creek;
(D) Ammons Branch;
(E) Glade Creek; and
(F) Associated tributaries.
(3) Henry Fork ORW Area (Catawba River
Basin): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section:
(A) Ivy Creek;
(B) Rock Creek; and
(C) Associated tributaries.
(4) South Fork New and New Rivers ORW Area
[New River Basin (Index Nos. 10-1-33.5 and
10)]: the following management strategies, in
addition to the discharge requirements
specified in Subparagraph (c)(1) of this Rule,
shall be applied to protect the designated
ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply to land within one mile of and
that drains to the designated ORW
areas;
(B) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall be permitted such that the
following water quality standards are
maintained in the ORW segment:
(i) the total volume of treated
wastewater for all upstream
discharges combined shall
not exceed 50 percent of the
total instream flow in the
designated ORW under
7Q10 conditions, which are
defined in Rule .0206(a)(1)
of this Section;
(ii) a safety factor shall be
applied to any chemical
allocation such that the
effluent limitation for a
specific chemical constituent
shall be the more stringent of
either the limitation
allocated under design
conditions (pursuant to 15A
NCAC 02B .0206) for the
normal standard at the point
of discharge, or the
limitation allocated under
design conditions for
one-half the normal standard
at the upstream border of the
ORW segment;
(iii) a safety factor shall be
applied to any discharge of
complex wastewater (those
containing or potentially
containing toxicants) to
protect for chronic toxicity
in the ORW segment by
setting the whole effluent
toxicity limitation at the
higher (more stringent)
percentage effluent
determined under design
conditions (pursuant to 15A
NCAC 02B .0206) for either
the instream effluent
concentration at the point of
discharge or twice the
effluent concentration
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1645
calculated as if the discharge
were at the upstream border
of the ORW segment;
(C) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall comply with the following:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/1,
and NH3-N = 2 mg/1;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 10 mg/1
for trout waters and to 20
mg/1 for all other waters;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(5) Old Field Creek (New River Basin): the
undesignated portion of Old Field Creek (from
its source to Call Creek) shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section.
(6) In the following designated waterbodies, no
additional restrictions shall be placed on new
or expanded marinas. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges. The
Alligator River Area (Pasquotank River Basin)
extending from the source of the Alligator
River to the U.S. Highway 64 bridge including
New Lake Fork, North West Fork Alligator
River, Juniper Creek, Southwest Fork
Alligator River, Scouts Bay, Gum Neck Creek,
Georgia Bay, Winn Bay, Stumpy Creek Bay,
Stumpy Creek, Swann Creek (Swann Creek
Lake), Whipping Creek (Whipping Creek
Lake), Grapevine Bay, Rattlesnake Bay, The
Straits, The Frying Pan, Coopers Creek,
Babbitt Bay, Goose Creek, Milltail Creek,
Boat Bay, Sandy Ridge Gut (Sawyer Lake)
and Second Creek, but excluding the
Intracoastal Waterway (Pungo River-Alligator
River Canal) and all other tributary streams
and canals.
(7) In the following designated waterbodies, the
only type of new or expanded marina that shall
be allowed shall be those marinas located in
upland basin areas, or those with less than 10
slips, having no boats over 21 feet in length
and no boats with heads. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges.
(A) The Northeast Swanquarter Bay Area
including all waters northeast of a
line from a point at Lat. 35E 23N
51O and Long. 76E 21N 02O thence
southeast along the Swanquarter
National Wildlife Refuge hunting
closure boundary (as defined by the
1935 Presidential Proclamation) to
Drum Point.
(B) The Neuse-Southeast Pamlico Sound
Area (Southeast Pamlico Sound
Section of the Southeast Pamlico,
Core and Back Sound Area); (Neuse
River Basin) including all waters
within an area defined by a line
extending from the southern shore of
Ocracoke Inlet northwest to the
Tar-Pamlico River and Neuse River
basin boundary, then southwest to
Ship Point.
(C) The Core Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin),
including all waters of Core Sound
and its tributaries, but excluding
Nelson Bay, Little Port Branch and
Atlantic Harbor at its mouth, and
those tributaries of Jarrett Bay that
are closed to shellfishing.
(D) The Western Bogue Sound Section of
the Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from Bogue Inlet to
the mainland at SR 1117 to a line
across Bogue Sound from the
southwest side of Gales Creek to
Rock Point, including Taylor Bay and
the Intracoastal Waterway.
(E) The Stump Sound Area (Cape Fear
River Basin) including all waters of
Stump Sound and Alligator Bay from
marker Number 17 to the western end
of Permuda Island, but excluding
Rogers Bay, the Kings Creek
Restricted Area and Mill Creek.
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1646
(F) The Topsail Sound and Middle Sound
Area (Cape Fear River Basin)
including all estuarine waters from
New Topsail Inlet to Mason Inlet,
including the Intracoastal Waterway
and Howe Creek, but excluding Pages
Creek and Futch Creek.
(8) In the following designated waterbodies, no
new or expanded NPDES permitted discharges
and only new or expanded marinas with less
than 10 slips, having no boats over 21 feet in
length and no boats with heads shall be
allowed:
(A) The Swanquarter Bay and Juniper
Bay Area (Tar-Pamlico River Basin)
including all waters within a line
beginning at Juniper Bay Point and
running south and then west below
Great Island, then northwest to Shell
Point and including Shell Bay,
Swanquarter and Juniper Bays and
their tributaries, but excluding all
waters northeast of a line from a point
at Lat. 35E 23N 51O and Long. 76E
21N 02O thence southeast along the
Swanquarter National Wildlife
Refuge hunting closure boundary (as
defined by the 1935 Presidential
Proclamation) to Drum Point and also
excluding the Blowout Canal,
Hydeland Canal, Juniper Canal and
Quarter Canal.
(B) The Back Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin)
including that area of Back Sound
extending from Core Sound west
along Shackleford Banks, then north
to the western most point of Middle
Marshes and along the northwest
shore of Middle Marshes (to include
all of Middle Marshes), then west to
Rush Point on Harker's Island, and
along the southern shore of Harker's
Island back to Core Sound.
(C) The Bear Island Section of the
Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from the western
most point on Bear Island to the
northeast mouth of Goose Creek on
the mainland, east to the southwest
mouth of Queen Creek, then south to
green marker No. 49, then northeast
to the northern most point on Huggins
Island, then southeast along the
shoreline of Huggins Island to the
southeastern most point of Huggins
Island, then south to the northeastern
most point on Dudley Island, then
southwest along the shoreline of
Dudley Island to the eastern tip of
Bear Island.
(D) The Masonboro Sound Area (Cape
Fear River Basin) including all waters
between the Barrier Islands and the
mainland from Carolina Beach Inlet
to Masonboro Inlet.
(9) Black and South Rivers ORW Area (Cape
Fear River Basin) [Index Nos. 18-68-(0.5),
18-68-(3.5), 18-68-(11.5), 18-68-12-(0.5),
18-68-12-(11.5), and 18-68-2]: the following
management strategies, in addition to the
discharge requirements specified in
Subparagraph (c)(1) of this Rule, shall be
applied to protect the designated ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply to land within one mile of and
that drains to the designated ORW
areas;
(B) New or expanded NPDES permitted
wastewater discharges located one
mile upstream of the stream segments
designated ORW (upstream on the
designated mainstem and upstream
into direct tributaries to the
designated mainstem) shall comply
with the following discharge
restrictions:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/l
and NH3-N = 2 mg/l;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 20 mg/l;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(v) Toxic substances: In cases
where complex discharges
(those containing or
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1647
potentially containing
toxicants) may be currently
present in the discharge, a
safety factor shall be applied
to any chemical or whole
effluent toxicity allocation.
The limit for a specific
chemical constituent shall be
allocated at one-half of the
normal standard at design
conditions. Whole effluent
toxicity shall be allocated to
protect for chronic toxicity
at an effluent concentration
equal to twice that which is
acceptable under flow design
criteria (pursuant to 15A
NCAC 02B .0206).
(10) Lake Waccamaw ORW Area (Lumber River
Basin) [Index No. 15-2]: all undesignated
waterbodies that are tributary to Lake
Waccamaw shall comply with Paragraph (c) of
this Rule in order to protect the designated
waters as per Rule .0203 of this Section.
(11) Swift Creek and Sandy Creek ORW Area
(Tar-Pamlico River Basin) [portion of Index
No. 28-78-(0.5) and Index No. 28-78-1-(19)]:
all undesignated waterbodies that drain to the
designated waters shall comply with Paragraph
(c) of this Rule in order to protect the
designated waters as per Rule .0203 of this
Section and to protect outstanding resource
values found in the designated waters as well
as in the undesignated waters that drain to the
designated waters.
(12) Fontana Lake North Shore ORW Area (Little
Tennessee River Basin and Savannah River
Drainage Area) [Index Nos. 2-96 through 2-
164 (excluding all waterbodies that drain to
the south shore of Fontana Lake) consists of
the entire watersheds of all creeks that drain to
the north shore of Fontana Lake between
Eagle and Forney Creeks, including Eagle and
Forney Creeks. In addition to the
requirements specified in Subparagraph (c)(1)
of this Rule, any person conducting
development activity disturbing greater than or
equal to 5,000 square feet of land area in the
designated ORW area shall undertake the
following actions to protect the outstanding
resource values of the designated ORW and
downstream waters:
(A) investigate for the presence of and
identify the composition of acid-producing
rocks by exploratory
drilling or other means and
characterize the net neutralization
potential of the acid-producing rocks
prior to commencing the land-disturbing
activity;
(B) avoid areas to the maximum extent
practical where acid-producing rocks
are found with net neutralization
potential of –5 or less;
(C) establish background levels of acidity
and mineralization prior to
commencing land-disturbing activity,
and monitor and maintain baseline
water quality conditions for the
duration of the land-disturbing
activity and for any period thereafter
not less than two years as determined
by the Division as part of a
certification issued in accordance
with 15A NCAC 02H .0500 or
stormwater permit issued pursuant to
this Rule;
(D) obtain a National Pollutant Discharge
Elimination System permit for
construction pursuant to Rule 15A
NCAC 02H .0126 prior to initiating
land-disturbing activity;
(E) design stormwater control systems to
control and treat stormwater runoff
generated from all surfaces generated
by one inch of rainfall in accordance
with 15A NCAC 02H. 1008; and
(F) replicate pre-development runoff
characteristics and mimic the natural
and unique hydrology of the site, post
development.
(13) Horsepasture River ORW Area (Savannah
Drainage Area) [Index No. 4-13-(0.5) and
Index No. 4-13-(12.5)]: all undesignated
waterbodies that are located within the
Horsepasture River watershed shall comply
with Paragraph (c) of this Rule in order to
protect the designated waters as per Rule .0203
of this Section and to protect outstanding
resource values found throughout the
watershed.
Authority G.S. 143-214.1; S.L. 2005-97.
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
15A NCAC 02B .0303 LITTLE TENN RIVER BASIN
AND SAVANNAH RIVER DRAINAGE AREA
(a) The Little Tenn River Basin and Savannah River Drainage
Area Schedule of Classifications and Water Quality Standards
may be inspected at the following places:
(1) the Internet at http://h2o.enr.state.nc.us/csu/;
and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Asheville Regional Office
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1648
2090 US Highway 70
Swannanoa, North Carolina
(B) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Georgia or
Tennessee shall be classified "C Tr." Such streams in the
Savannah River drainage area entering South Carolina shall be
classified "B Tr."
(c) The Little Tennessee River Basin and Savannah River
Drainage Area Schedule of Classifications and Water Quality
Standards was amended effective:
(1) February 16, 1977;
(2) March 1, 1977;
(3) July 13, 1980;
(4) February 1, 1986;
(5) October 1, 1987;
(6) March 1, 1989;
(7) January 1, 1990;
(8) July 1, 1990;
(9) August 1, 1990;
(10) March 1, 1991;
(11) August 3, 1992;
(12) February 1, 1993;
(13) August 1, 1994;
(14) September 1, 1996;
(15) August 1, 1998;
(16) August 1, 2000;
(17) April 1, 2003;
(18) January 1, 2007;
(19) November 1, 2007.2007;
(20) September 1, 2008.
(d) The Schedule of Classifications of Water Quality Standards
for the Little Tennessee Basin and Savannah River Drainage
Area was amended effective March 1, 1989 as follows:
(1) Nantahala River (Index No. 2-57) from source
to the backwaters of Nantahala Lake and all
tributary waters were reclassified from Class
B-trout, Class C-trout and Class C to Class
B-trout ORW, Class C-trout ORW and Class C
ORW.
(2) Chattooga River (Index No. 3) including
Scotsman Creek, Overflow Creek, Big Creek,
Talley Mill Creek and all tributary waters were
reclassified from Class B-trout, Class C-trout
and Class C to Class B-trout ORW, Class
C-trout ORW and Class C ORW and Clear
Creek and all tributary waters were reclassified
from Class C-trout and Class C to Class
B-trout and Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective January 1, 1990 as
follows:
(1) North Fork Coweeta Creek (Index No. 2-10-4)
and Falls Branch (Index No. 2-10-4-1) were
reclassified from Class C to Class B.
(2) Burningtown Creek (Index No. 2-38) was
reclassified from C-trout to B-trout.
(f) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective July 1, 1990 by the
reclassification of Alarka Creek (Index No. 2-69) from source to
Upper Long Creek (Index No. 2-69-2) including all tributaries
from Classes C and C Tr to Classes C HQW and C Tr HQW.
(g) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective March 1, 1991 as
follows:
(1) Cartoogechaye Creek [Index Nos. 2-19-(1) and
2-19-(16)] from Gibson Cove Branch to bridge
at U.S. Hwy. 23 and 441 and from the bridge
at U.S. Hwy. 23 and 441 to the Little
Tennessee River was reclassified from Classes
WS-III Tr and C Tr to Classes WS-III and B
Tr and B Tr respectively.
(2) Coweeta Creek (Index Nos. 2-10) from its
source to the Little Tennessee River including
all tributaries except Dryman Fork (Index No.
2-10-3) and North Fork Coweeta Creek (Index
No. 2-10-4) was reclassified from Classes C
and C Tr to Classes B and B Tr.
(h) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective August 3, 1992
with the reclassification of all water supply waters (waters with a
primary classification of WS-I, WS-II or WS-III). These waters
were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as
defined in the revised water supply protection rules, (15A
NCAC 2B .0100, .0200 and .0300) which became effective on
August 3, 1992. In some cases, streams with primary
classifications other than WS were reclassified to a WS
classification due to their proximity and linkage to water supply
waters. In other cases, waters were reclassified from a WS
classification to an alternate appropriate primary classification
after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(i) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area has been amended effective February 1, 1993 as
follows:
(1) Bearwallow Creek from its source to 2.3 miles
upstream of the Toxaway River [Index No. 4-
7-(1)] was revised to indicate the application
of an additional management strategy
(referencing 15A NCAC 02B .0201(d) to
protect downstream waters; and
(2) the Tuckaseegee River from its source to
Tennessee Creek [Index No. 2-79-(0.5)]
including all tributaries was reclassified from
Classes WS-III&B Tr HQW, WS-III HQW
and WS-III to Classes WS-III Tr ORW and
WS-III ORW.
(j) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective August 1, 1994 with the
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1649
reclassification of Deep Creek [Index Nos. 2-79-63-(1) and 2-
79-63-(16)] from its source to the Great Smokey Mountains
National Park Boundary including tributaries from Classes C Tr,
B Tr and C Tr HQW to Classes WS-II Tr and WS-II Tr CA.
(k) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective September 1, 1996
as follows:
(1) Deep Creek from the Great Smoky Mountains
National Park Boundary to the Tuckasegee
River [Index no. 2-79-63-(21)] was
reclassified from Class C Tr to Class B Tr; and
(2) the Tuckasegee River from the West Fork
Tuckasegee River to Savannah Creek and from
Macks Town Branch to Cochran Branch
[Index Nos. 2-79-(24), 2-79(29.5) and 2-79-
(38)] was reclassified from Classes WS-III Tr,
WS-III Tr CA and C to Classes WS-III&B Tr,
WS-III&B Tr CA and B.
(l) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective August 1, 1998 with the
reclassifications of Thorpe Reservoir (Lake Glenville),
Hurricane Creek, and Laurel Branch [Index Nos. 2-79-23-(1), 2 -
79-23-2, and 2-79-23-2-1 respectively] from classes WS-III&B,
WS-III Tr and WS-III to classes WS-III&B HQW, WS-III Tr
HQW, and WS-III HQW.
(m) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended August 1, 2000 with the
reclassification of Wesser Creek [Index No. 2-79-52-5-1] from
its source to Williams Branch from Class C to Class C Tr.
(n) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended April 1, 2003 with the
reclassification of a portion of the Little Tennessee River [Index
No. 2-(1)] from a point 0.4 mile upstream of N.C. Highway 28
to Nantahala River Arm of Fontana Lake from Class C to Class
B.
(o) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended January 1, 2007 with the
reclassification of the entire watersheds of all creeks that drain to
the north shore of Fontana Lake between Eagle and Forney
Creeks, including Eagle and Forney Creeks, [Index Nos. 2-96
through 2-164 (excluding all waterbodies that drain to the south
shore of Fontana Lake)] from Class B, C Tr, WS-IV Tr CA, WS-IV
Tr, and WS-IV & B CA to Class B ORW, C Tr ORW, WS-IV
Tr ORW CA, WS-IV Tr ORW, and WS-IV & B ORW CA,
respectively. Additional site-specific management strategies are
outlined in Rule 15A NCAC 02B .0225(e)(12).
(p) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was ameneded effective November 1, 2007
with the reclassification of Richland Balsam Seep near
Beechflat Creek [Index No. 2-79-28-3-2] to Class WL UWL as
defined in 15A NCAC 02B. 0101. The Division of Water
Quality maintains a Geographic Information Systems data layer
of the UWL.
(q) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended September 1, 2008 with the
reclassification of the watershed of the lower portion of the
Horsepasture River [Index Number 4-13-(12.5)] from N.C. 281
(Bohaynee Road) to the NC-SC state line from Class B Tr to
Class B Tr ORW, and the watershed of the upper portion of the
Horsepasture River [Index Number 4-13-(0.5)] from source to
N.C. 281 (Bohaynee Road) to include only the ORW
management strategy as represented by "+". The "+" symbol as
used in this paragraph means that all undesignated waterbodies
that are located within the watershed of the upper portion of
Horsepasture River shall comply with Paragraph (c) of Rule
.0225 of this Subchapter in order to protect the designated waters
as per Rule .0203 of this Subchapter and to protect outstanding
resource values found throughout the entire Horsepasture River
watershed.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); S.L.
2005-97.
TEMPORARY RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1650
Note from the Codifier: The rules published in this Section of the NC Register are temporary rules reviewed and approved by the
Rules Review Commission (RRC) and have been delivered to the Codifier of Rules for entry into the North Carolina Administrative
Code. A temporary rule expires on the 270th day from publication in the Register unless the agency submits the permanent rule to the
Rules Review Commission by the 270th day.
This section of the Register may also include, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1
and 26 NCAC 02C .0500 for adoption and filing requirements.
TITLE 02 – DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Rule-making Agency: NC Gasoline and Oil Inspection Board
Rule Citation: 02 NCAC 42 .0201
Effective Date: March 14, 2008
Date Approved by the Rules Review Commission: March 6,
2008
Reason for Action: P.L. 110-140 establishes a mandatory
renewable fuel standard that will require fuel producers to use
at least 36 billion gallons of biofuel by 2022. In 2008, this is
expected to increase demand for ethanol from 5.4 billion gallons
to 9 billion gallons. In order to meet this demand in cost-effective
manner and without disruption of fuel supplies, it will
be necessary to blend large quantities of gasoline and ethanol.
While the existing 02 NCAC 42 .0201 permits blending, it does
not provide for variances from certain fuel specifications which
may occur with ethanol blends. This serves as a disincentive for
fuel suppliers to permit their products to be used in blending by
distributors, and could lead to disruption of supplies with the
increased demand for biofuel. The proposed amendments to this
rule would facilitate ethanol blending by allowing variances
from certain fuel specifications for fuel blends of up to ten
percent ethanol. With the passage of P.L. 110-140, fuel
producers and distributors are required to nearly double the use
of biofuels, such as ethanol blends, in 2008. The existing 02
NCAC 42 .0201 is an impediment to meeting the biofuel mandate
in North Carolina. Other states have already made changes in
their fuel specification standards to facilitate ethanol blending.
Any delays in doing so in North Carolina could disrupt fuel
supplies, increase fuel costs for North Carolina consumers, and
place North Carolina at an economic disadvantage to other
states. The proposed change will not impose any additional
requirements on any person or firm affected by the rule. It will
allow for variances from fuel specifications while still ensuring
that motor fuels meet or exceed performance standards.
CHAPTER 42 - GASOLINE AND OIL INSPECTION
BOARD
SECTION .0200 - QUALITY OF LIQUID FUEL
PRODUCTS
02 NCAC 42 .0201 STANDARD SPECIFICATIONS
(a) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-4814, "Standard
Specification for Automotive Spark-Ignition Engine Fuel" as
standard specification for gasoline with the following
modifications:
(1) Applications for temporary exceptions to
vapor pressure and vapor/liquid ratio
specifications as provided in this
Subparagraph may be made to the director.
Said applications shall contain evidence
satisfactory to the director that outlets
marketing gasoline in North Carolina cannot
feasibly be supplied from bulk terminals
furnishing specified volatility level gasoline or
that customary sources of supply have been
temporarily interrupted by product shortage
and alternate sources furnishing specified
volatility level gasoline are not available.
Such temporary exceptions granted shall apply
only until the next meeting of the board at
which time the board shall establish the
duration of the exception;
(2) The minimum lead content for gasoline
registered or labeled as "leaded" or "regular"
shall be as defined in Rule .0102 of this
Chapter;
(3) Vapor pressure and vapor/liquid ratio seasonal
specifications as listed in this Subparagraph
may be extended for a maximum period of 15
days to allow for the disbursement of old
stocks. However, new stocks of a higher
volatility classification shall not be offered for
retail sale prior to the effective date of the
higher volatility classification.
(b) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-4814, "Standard
Specification for Automotive Spark-Ignition Engine Fuel" as
standard specification for alcohol blends with the following
modifications:
(1) A vapor pressure tolerance not exceeding one
pound per square inch;
(2) Vapor pressure and vapor/liquid ratio seasonal
specifications as listed in this Subparagraph
may be extended for a maximum period of 15
days to allow for the disbursement of old
stocks. However, new stocks of a higher
volatility classification shall not be offered for
retail sale prior to the effective date of the
higher volatility classification;
(3) Applications for temporary exceptions to
vapor pressure and vapor/liquid ratio
specifications as provided in this
Subparagraph may be made to the director.
Said applications shall contain evidence
TEMPORARY RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1651
satisfactory to the director that outlets
marketing gasoline in North Carolina cannot
feasibly be supplied from bulk terminals
furnishing specified volatility level gasoline or
that customary sources of supply have been
temporarily interrupted by product shortage
and alternate sources furnishing specified
volatility level gasoline are not available.
Such temporary exceptions granted shall apply
only until the next meeting of the board at
which time the board shall establish the
duration of the exception;
(4) The minimum temperature at 50 percent
evaporated shall be 158 degrees F. (70 degrees
C.) 150 degrees F (66 degrees C) as
determined by ASTM Test Method D-86;
(5) The minimum lead content for
gasoline/oxygenate blends registered or
labeled as "leaded" or "regular" shall be as
defined in Rule .0102 of this Chapter;
(6) Octane rating shall not be less than the octane
index certified on the brand name registration
as required by 2 NCAC 42 .0500;
(7) All blends, both leaded and unleaded, shall be
blended according to the EPA "Substantially
Similar" rule or an EPA waiver for unleaded
fuel;
(8) Water tolerance shall be such that no phase
separation occurs when subjected to a
temperature equal to the temperatures
specified in Table 4, ASTM D-4814. D-4814;
(9) The vapor/liquid ratio specification is waived
for ethanol blends of up to 10 percent.
(c) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-975, "Standard
Specification for Diesel Fuel Oils" as standard specification for
diesel motor fuels with the following modification: For diesel
motor fuel grade 2-D, the minimum flash point as determined by
ASTM Test Method D-56 shall be 115 degrees F. (46 degrees
C.).
(d) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-396, "Standard
Specification for Fuel Oils" as standard specification for fuel
oils.
(e) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-3699, "Standard
Specification for Kerosene" as standard specification for
kerosenes with the following modification: For grade 2-K, the
presence or absence of coloring matter shall in no way be
determinative of whether a substance meets the requirements of
this grade of kerosene.
(f) In addition to meeting all specification requirements as set
forth in this Rule, each fuel must be suitable for the intended
use.
(g) ASTM documents adopted by reference herein are available
for inspection in the Office of the Director of the Standards
Division and may be obtained from ASTM, 1916 Race Street,
Philadelphia, PA 19103, at a cost determined by ASTM.
History Note: Authority G.S. 119-26; 119-26.1; 150B-14;
Eff. December 1, 1981;
Amended Eff. September 1, 1992; May 1, 1990; March 1, 1989;
June 1, 1987;
Temporary Amendment Eff. March 14, 2008.
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1652
This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The
rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was
required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-
21.17.
Rules approved by the Rules Review Commission at its meeting on February 21, 2008.
REGISTER CITATION TO THE
NOTICE OF TEXT
ADMINISTRATION, DEPARTMENT OF
Scope 01 NCAC 44A .0101* 22:08 NCR
Definitions 01 NCAC 44A .0102* 22:08 NCR
Application 01 NCAC 44A .0201 22:08 NCR
Documentation 01 NCAC 44A .0202* 22:08 NCR
Approval 01 NCAC 44A .0203* 22:08 NCR
Duration 01 NCAC 44A .0204* 22:08 NCR
Changes in Ownership or Management and
Control
01 NCAC 44A .0205 22:08 NCR
Denial 01 NCAC 44A .0206* 22:08 NCR
Renewal 01 NCAC 44A .0207 22:08 NCR
Inactivity 01 NCAC 44A .0208* 22:08 NCR
Challenge Initiation 01 NCAC 44A .0401 22:08 NCR
HUB Office Investigation 01 NCAC 44A .0402 22:08 NCR
Determination 01 NCAC 44A .0403 22:08 NCR
HUB Status During Challenge 01 NCAC 44A .0404 22:08 NCR
Reasons for Revocation 01 NCAC 44A .0501 22:08 NCR
Notice 01 NCAC 44A .0502* 22:08 NCR
Review 01 NCAC 44A .0601* 22:08 NCR
Contents 01 NCAC 44A .0602* 22:08 NCR
Criteria 01 NCAC 44A .0603 22:08 NCR
Decision 01 NCAC 44A .0604* 22:08 NCR
Status Pending Review 01 NCAC 44A .0605 22:08 NCR
Appeal 01 NCAC 44A .0606 22:08 NCR
INSURANCE, DEPARTMENT OF
Licensing of Business Entities 11 NCAC 06A .0413* 22:08 NCR
Time for Appeal and Documents Required 11 NCAC08 .1501* 22:10 NCR
Service on Local Authority 11 NCAC08 .1502* 22:10 NCR
Response by Local Authority 11 NCAC08 .1503* 22:10 NCR
Review of Local Authority Decision 11 NCAC08 .1504* 22:10 NCR
Administrative and Judicial Review 11 NCAC08 .1505* 22:10 NCR
PRIVATE PROTECTIVE SERVICES BOARD
Experience Requirements for A P.S.E.
License
12 NCAC 07D .0601* 21:06 NCR
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1653
Application/Armed Security Guard Firearm 12 NCAC 07D .0801* 22:02 NCR
ALCOHOL LAW ENFORCEMENT
SCOPE 14A NCAC12 .0101 22:08 NCR
Definitions 14A NCAC12 .0102* 22:08 NCR
North Carolina State Boxing Authority
Section of the ALE Division
14A NCAC 12 .0103* 22:08 NCR
Drugs and Foreign Substances 14A NCAC12 .0201* 22:08 NCR
Physical Examination 14A NCAC12 .0301* 22:08 NCR
Permits 14A NCAC12 .0401* 22:08 NCR
Licensing Requirements 14A NCAC12 .0402* 22:08 NCR
Duties of Contestants 14A NCAC12 .0403* 22:08 NCR
Duties of Promoters & Matchmakers 14A NCAC12 .0404* 22:08 NCR
Duties of Managers 14A NCAC12 .0405* 22:08 NCR
Duties of Referees 14A NCAC12 .0406* 22:08 NCR
Duties of Judges 14A NCAC12 .0407* 22:08 NCR
Duties of Announcers 14A NCAC12 .0408* 22:08 NCR
Duties of Timekeepers 14A NCAC12 .0409* 22:08 NCR
Duties of Seconds 14A NCAC12 .0410* 22:08 NCR
Duties of Trainers 14A NCAC12 .0411* 22:08 NCR
Duties of Physicians 14A NCAC12 .0412* 22:08 NCR
Contracts and Financial Arrangements 14A NCAC12 .0413* 22:08 NCR
Weigh-Ins-Boxing 14A NCAC12 .0501* 22:08 NCR
Equipment-Boxing 14A NCAC12 .0502* 22:08 NCR
Scoring-Boxing 14A NCAC12 .0503* 22:08 NCR
Fouls-Boxing 14A NCAC12 .0504* 22:08 NCR
Weigh-Ins-Kickboxing 14A NCAC12 .0601* 22:08 NCR
Equipment-Kickboxing 14A NCAC12 .0602* 22:08 NCR
Scoring-Kickboxing 14A NCAC12 .0603* 22:08 NCR
Fouls-Kickboxing 14A NCAC12 .0604* 22:08 NCR
Amateurs-Kickboxing 14A NCAC12 .0605* 22:08 NCR
Toughman Match 14A NCAC12 .0701* 22:08 NCR
Weigh-Ins-Mixed Martial Arts 14A NCAC12 .0801* 22:08 NCR
Appearance-Mixed Martial Arts 14A NCAC12 .0802* 22:08 NCR
Handwraps-Mixed Martial Arts 14A NCAC12 .0803* 22:08 NCR
Gloves-Mixed Martial Arts 14A NCAC12 .0804* 22:08 NCR
Ring Requirements-Mixed Martial Arts 14A NCAC12 .0805* 22:08 NCR
Number of Rounds-Mixed Martial Arts 14A NCAC12 .0806* 22:08 NCR
Seconds Duties-Mixed Martial Arts 14A NCAC12 .0807* 22:08 NCR
Scoring-Mixed Martial Arts 14A NCAC12 .0808* 22:08 NCR
Fouls-Mixed Martial Arts 14A NCAC12 .0809* 22:08 NCR
Amateurs-Mixed Martial Arts 14A NCAC12 .0810* 22:08 NCR
Suspension-Mixed Martial Arts 14A NCAC12 .0811* 22:08 NCR
ENVIRONMENTAL MANAGEMENT COMMISSION
Scope and Purpose 15A NCAC 02C .0301* 22:08 NCR
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1654
Definitions 15A NCAC 02C .0302* 22:08 NCR
Application for Construction Permit 15A NCAC 02C .0303* 22:08 NCR
Permitting 15A NCAC 02C .0304* 22:08 NCR
Grout Inspection: Certification 15A NCAC 02C .0305* 22:08 NCR
Well Completion and Certification 15A NCAC 02C .0306* 22:08 NCR
Well Data and Records 15A NCAC 02C .0307* 22:08 NCR
Appeal Procedure 15A NCAC 02C .0308 22:08 NCR
Permit and Application Fees 15A NCAC 02Q .0203 22:08 NCR
Inflation Adjustment 15A NCAC 02Q .0204 22:08 NCR
SOIL AND WATER CONSERVATION COMMISSION
Definitions for Subchapter 06E 15A NCAC 06E .0102* 22:09 NCR
Cost Share and Incentive Payments 15A NCAC 06E .0105 22:09 NCR
District Program Operation 15A NCAC 06E .0108* 22:09 NCR
District Program Operation 15A NCAC 06I .0108* 22:09 NCR
WILDLIFE RESOURCES COMMISSION
Safety Equipment 15A NCAC 10F .0201* 22:01 NCR
NC MEDICAL BOARD/PERFUSION ADVISORY COMMITTEE
Fees 21 NCAC 32V .0115 22:08 NCR
FUNERAL SERVICE, BOARD OF
Definitions 21 NCAC 34B .0407* 22:08 NCR
Course Accreditation Standards 21 NCAC 34B .0409* 22:08 NCR
General Course Approval 21 NCAC 34B .0411* 22:08 NCR
Accreditation of Prerecorded Programs and
Live Programs B...
21 NCAC 34B .0413* 22:08 NCR
Accreditation of Computer-Based CE 21 NCAC 34B .0414* 22:08 NCR
OCCUPATIONAL THERAPY, BOARD OF
Continuing Duty to Report Certain Crimes
and Civil Suits
21 NCAC 38 .0305* n/a G.S. 150B-21.5(b)(1)
PSYCHOLOGY BOARD
Criminal History Record Check 21 NCAC54 .1612* 22:07 NCR
Information Required 21 NCAC54 .1701* 22:07 NCR
Senior Psychologist 21 NCAC54 .1707* 22:07 NCR
Reinstatement 21 NCAC54 .2103* 22:07 NCR
HSP-PA Requirements 21 NCAC54 .2706 22:07 NCR
RESPIRATORY CARE BOARD
Fees 21 NCAC61 .0204* 22:10 NCR
Inactive Status 21 NCAC61 .0305 22:10 NCR
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1655
TITLE 01 – DEPARTMENT OF ADMINISTRATION
01 NCAC 44A .0101 SCOPE
The rules in this Subchapter are used to determine if a business
is a minority business in accordance with G.S. 143-128.2.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0102 DEFINITIONS
As used in this Subchapter, the following terms have the
following definitions:
(1) "HUB" means Historically Underutilized
Business.
(2) "HUB Certification" means the determination
of a vendor's eligibility as a HUB.
(3) "HUB Office" means the Department of
Administration's Office for Historically
Underutilized Businesses.
(4) "IRS" means the United States Internal
Revenue Service.
(5) "Person" means a natural person, and does not
include a corporation or other business entity.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0201 APPLICATION
A business shall complete the following steps to initiate an
application for certification:
(1) The business shall complete an application
using the Vendor Link NC system
http://www.ips.state.nc.us/ips/Vendor/vndrtips
.asp;
(2) The business shall complete, sign and attest to
the information submitted online in the Vendor
Link NC system; and
(3) The application is not complete until an
Affidavit for Certification is received by the
HUB Office.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0202 DOCUMENTATION
(a) HUB staff shall request documentation to establish the
ownership, management, and control of daily business
operations of the business pursuant to Rule .0301 this
Subchapter.
(b) If the documentation provided by the business does not
demonstrate ownership, management and control of daily
business operations by the business, HUB Office staff shall
conduct a site visit.
(c) The HUB Office shall not consider organizational changes
made to the business during the eligibility determination process.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0203 APPROVAL
(a) The HUB Office shall grant HUB Certification if the
business meets the definition of minority business found at G.S.
143-128.4(a1) and 143-128.2(g).
(b) The business shall log on to the Vendor Link system at least
once during each 12 month period.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0204 DURATION
Certification remains in effect for two years unless there is a
change in the business ownership, management or control of
daily business operations that affects the HUB status.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0205 CHANGES IN OWNERSHIP OR
MANAGEMENT AND CONTROL
HUB vendors shall notify the HUB Office in writing of any
changes in the ownership or the management and control of
daily business operations of their companies within 30 days of
the changes.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0206 DENIAL
(a) The HUB Office shall deny HUB Certification if the
business does not meet the definition of minority business found
at G.S. 143-128.2(g)(1) or 143-128.4(a1).
(b) If the business wishes to submit a new request for HUB
Certification it may do so after a period of 12 months from the
date of denial.
(c) Vendors who are denied HUB Certification have a right to
review pursuant to Section .0600 of this Subchapter.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0207 RENEWAL
(a) To renew HUB certification the HUB shall attest that there
have been no changes in the ownership or the management and
control of daily business operations of the business entity since
the last certification or renewal.
(b) If there has been a change in the ownership or the
management and control of daily business operations of the
business entity, the HUB shall submit documentation detailing
the change(s) within 30 days of the change.
(c) In the on-line Vendor Link system, HUB status is "Inactive"
if the vendor fails to update or submit necessary documentation.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
APPROVED RULES
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01 NCAC 44A .0208 INACTIVITY
The Vendor Link system automatically removes those vendor
profiles that have been inactive for 12 months.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0401 CHALLENGE INITIATION
A third party may challenge, by notarized affidavit, the HUB
certification of any business. The challenge shall include
detailed reasons or evidence for the challenge.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0402 HUB OFFICE INVESTIGATION
Once a challenge has been initiated, the HUB Office shall
investigate by requesting additional data and conducting an on-site
review at the business location.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0403 DETERMINATION
The HUB Office shall notify the challenger and HUB in writing
of the outcome of the investigation.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0404 HUB STATUS DURING
CHALLENGE
The HUB certification status shall remain in effect during the
challenge process.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0501 REASONS FOR REVOCATION
HUB Certification shall be revoked for any of the following
reason(s):
(1) The business makes changes to the ownership
or management and daily business operations
of the company that render it no longer a
HUB;
(2) The HUB Office determines that the business
is not a HUB;
(3) The business is ineligible to contract with the
State of North Carolina pursuant to 143-59.2;
or
(4) The business fails to notify the HUB Office
within 30 days of any changes in ownership or
management and control of daily business
operations.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0502 NOTICE
(a) The HUB Office shall notify the business in writing by
certified mail of the decision to revoke HUB Certification and
shall state the reason(s) for revocation.
(b) The HUB Office shall advise the HUB of its right to a
review and give the business 21 business days in which to
exercise this right.
(c) If no review is requested, revocation of the HUB's status
shall be enforced.
(d) The vendor may reapply for HUB certification 12 months
from the date of the revocation notice.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0601 REVIEW
To exercise a right of review, a review request shall be made in
writing and addressed to the HUB Office Director within 21
business days of the date of the denial or revocation notice.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0602 CONTENTS
The review request shall state the specific reason(s) why the
denial or revocation was improper based on the HUB eligibility
requirements and the documentation submitted.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0603 CRITERIA
The HUB Director shall consider and base the decision on the
eligibility requirements.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0604 DECISION
The HUB Director shall render a written decision within 45
business days of receipt of the request.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0605 STATUS PENDING REVIEW
The HUB certification status remains in effect pending a review.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0606 APPEAL
The business may file a contested case with the Office of
Administrative Hearings pursuant to G.S. 150B-23 if it is not
satisfied with the decision of the Director.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
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TITLE 11 – DEPARTMENT OF INSURANCE
11 NCAC 06A .0413 LICENSING OF BUSINESS
ENTITIES
A business entity shall notify the Division of the addition or
deletion of an agent or insurance company within 30 days after
the change.
History Note: Authority G.S. 58-2-40; 58-33-31;
Eff. February 1, 1989;
Amended Eff. April 1, 2003; February 1, 1996; October 1, 1990;
Amended Eff. March 1, 2008.
* * * * * * * * * * * * * * * * * * * *
11 NCAC 08 .1501 TIME FOR APPEAL AND
DOCUMENTS REQUIRED
Within 30 days after the date a local authority having
jurisdiction ("local authority") notifies a designer or owner-representative
that the local authority has decided that an
alternative design and construction proposed by the designer or
owner-representative violates the North Carolina State Building
Code ("Code"), the designer or owner-representative may appeal
the decision in writing to the N.C. Department of Insurance,
Engineering Division, 1201 Mail Service Center, Raleigh, NC
27699-1201. The designer or owner-representative shall provide
the Engineering Division with all construction documents
pertaining to the alternative design and construction, including
supporting language, drawings, and descriptions.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1502 SERVICE ON LOCAL
AUTHORITY
The designer or owner-representative shall provide the local
authority with a written notice of the appeal and copies of all
documents the designer or owner-representative provides to the
Engineering Division in accordance with Rule .1501 of this
Section. The notice of appeal and the documents shall be sent to
the local authority and the Engineering Division by certified
mail, return receipt requested.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1503 RESPONSE BY LOCAL
AUTHORITY
Within five business days after the date the appeal is received by
the Engineering Division, the local authority may file a response
to the appeal with the Engineering Division at the same address
in Rule .1501 of this Section.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1504 REVIEW OF LOCAL
AUTHORITY DECISION
(a) If the Engineering Division determines that the requested
alternative design and construction does not conform to the
requirements of the Code, and does not provide the equivalent
level of protection of public health, safety, and welfare
prescribed by the Code, the Engineering Division shall uphold
the determination by the local authority.
(b) If the Engineering Division determines that the requested
alternative design and construction does not conform to the
requirements of the Code, but does provide the equivalent level
of protection of public health, safety, and welfare prescribed by
the Code, the Engineering Division shall overrule the
determination by the local authority. The designer or owner-representative
may then use the alternative design and
construction.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1505 ADMINISTRATIVE AND
JUDICIAL REVIEW
A party that is aggrieved by the determination of the
Engineering Division may appeal to the Building Code Council
pursuant to G.S. 143-141.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
TITLE 12 – DEPARTMENT OF JUSTICE
12 NCAC 07D .0601 EXPERIENCE REQUIREMENTS
FOR A PSYCHOLOGICAL STRESS EVALUATOR
LICENSE
(a) In addition to the requirements of 12 NCAC 07D .0200,
applicants for a Psychological Stress Evaluator license shall
successfully complete a course of instruction at any P.S.E.
school approved by the Board.
(b) A P.S.E. school must consist of not less than 40 hours of
actual classroom instruction in psychological stress evaluation.
History Note: Authority G.S. 74C-5;
Eff. June 1, 1984;
Amended Eff. March 1, 2008.
12 NCAC 07D .0801 APPLICATION/ARMED
SECURITY GUARD FIREARM REGISTRATION
PERMIT
(a) Each armed security guard employer or his designee shall
submit and sign an application form for the registration of each
armed security guard applicant to the Board. This form shall be
accompanied by:
(1) two sets of classifiable fingerprints on an
applicant fingerprint card;
(2) two head and shoulders color photographs of
the applicant sufficient quality for
identification, one inch by one inch in size;
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(3) certified statement of the result of a criminal
records search from the clerk of superior court
in each county where the applicant has resided
within the immediate preceding 48 months. If
the applicant has resided out of state within the
immediate preceding 48 months, the applicant
shall provide a certified statement of the result
of a criminal records search from the
appropriate governmental authority housing
criminal record information in each area where
the applicant has resided within the immediate
preceding 48 months;
(4) the applicant's non-refundable registration fee;
and
(5) a statement signed by a certified trainer that
the applicant has successfully completed the
training requirements of 12 NCAC 07D .0807;
(6) a certification by the applicant that he or she is
at least 21 years of age.
(b) The employer of each applicant for registration shall give
the applicant a copy of the application and shall retain a copy of
the application in the individual's personnel file in the
employer's office.
(c) The applicant's copy of the application shall serve as a
temporary registration card which shall be carried by the
applicant when he is within the scope of his employment and
which shall be exhibited upon the request of any law
enforcement officer or authorized representative of the Board.
(d) Applications submitted without proof of completion of a
Board approved firearms training course shall not serve as
temporary registration cards unless the contract security
company or proprietary security organization has obtained prior
approval from the Director. The Director shall grant prior
approval if the contract security company or proprietary security
organization provides proof satisfactory to the Director that the
applicant has received prior firearms training.
(e) The provisions of Paragraphs (a), (b), and (c) of this Rule
also apply to any employee whose employment is terminated
within 30 days of employment.
History Note: Authority G.S. 74C-5; 74 C-9; 74C-13;
Eff. June 1, 1984;
Amended Eff. April 1, 2008; August 1, 1998; December 1, 1995;
February 1, 1990; May 1, 1988; July 1, 1987.
TITLE 14A – DEPARTMENT OF CRIME CONTROL AND
PUBLIC SAFETY
14A NCAC 12 .0101 SCOPE
The rules in this Chapter implement the provisions of G.S. 143,
Article 68 of the North Carolina General Statutes, and establish
the regulations and standards set forth by the Boxing Authority
Section of the Alcohol Law Enforcement Division of the North
Carolina Department of Crime Control and Public Safety
relative to the conduct, promotion, and performances of boxing,
kickboxing, toughman or mixed martial arts matches held in
North Carolina.
History Note: Authority G.S. 143-652.1;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. March 1, 2008; October 1, 2004.
14A NCAC 12 .0102 DEFINITIONS
The definitions contained in G.S. 143-651 apply to the rules in
this Chapter in addition to the following:
(1) "Cage" means a fenced enclosure in which
promotional organizations hold mixed martial
arts competition.
(2) "Choke" means a submission technique which
restricts blood flow in the carotid arteries,
resulting in a competitor either tapping-out or
losing consciousness including guillotine
choke, rear-naked choke, leg triangle choke,
and the arm triangle choke.
(3) "Fish-hooking" means the action of hooking
(grasping) and pulling the inside of an
opponent's cheek so as to control his head
movement
(4) "Gi" means the traditional uniform worn when
practicing aikido, jujitsu, judo and karate.
(5) "Grappling" means the techniques of throwing,
locking, holding, and wrestling, as opposed to
kicking and punching.
(6) "Guard" means a position in which one
competitor lies on his back with his or her
knees bent and legs open. If his or her
opponent is between his or her legs, the
opponent is in his or her guard. Depending
upon the leg position of the fighter on his or
her back, the guard is referred to as being an
open, closed, half, butterfly, spider, or rubber-band
guard.
(7) "Hammer-fist" means a strike with the small
finger side of the fist, as if holding a hammer.
(8) "Kickboxing" means a striking sport which
permits punches, kicks, and knees.
(9) "Mount" means a position in which a
competitor gains top position and controls his
or her opponent by sitting on top of him or her
or from the side of the opponent.
(10) "Passing the guard" means a fighter's attempt
to escape from his or her opponents guard in
order to secure the mount position.
(11) "Spike, Spiking" means after lifting and
inverting an opponent or attempting to slam
him or her headfirst into the canvas.
(12) "Strikes" means a cumulative number of
punches administered by a contestant to his or
her opponent.
(13) "Submission" means a grappling technique
which forces a contestant to tap-out.
Techniques include chokes, and the
hyperextension or over-rotation of a joint.
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(14) "Tap-out" means the physical act of tapping
the opponent, the mat, or one's self to signal a
submission. When unable to physically tap-out,
a submission may be vocal.
History Note: Authority G.S. 143-652.1; 143-651;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1996;
Transferred and recodifed from 18 NCAC 09 effective November
8, 2002;
Amended Eff. March 1, 2008.
14A NCAC 12 .0103 NORTH CAROLINA STATE
BOXING AUTHORITY SECTION OF THE ALE
DIVISION
(a) A Division representative shall:
(1) Approve, issue, withhold or deny licenses and
permits according to the provisions of G.S.
143-654 and G.S. 143-655 and the rules set
forth in this Chapter;
(2) Be present at all matches;
(3) Ensure that all matches are conducted in
accordance with the provisions of G.S. 143,
Article 68 and the rules set forth in this
Chapter. This includes appointing or causing
to be appointed licensed match officials and
reviewing and approving or disapproving a
match or fight card based on weights, abilities,
records or physical condition of the
prospective contestants. The Division
representative shall not approve a match where
it is reasonable to assume, based on weights,
abilities, records or physical condition of the
prospective contestants that the match would
not be competitive.
(4) Ensure that all the requirements indicated in
this Chapter to be the responsibility of the
Boxing Authority Section of the Division are
properly and timely carried out as set forth in
this Chapter;
(5) Appoint the inspectors for each match for
which he is responsible. There shall be a
minimum of two referees, three judges (plus
two kick count judges for kickboxing
matches), one announcer, and one timekeeper
present at each match;
(6) Inscribe the result of each match on the
passport of each participant, if so requested;
(7) Have rubber gloves available for use by the
seconds, physicians and officials; and
(8) Ensure that all officials are paid by the
promoter prior to their leaving the premises of
the boxing matches after the matches have
been concluded; and that all officials
acknowledge by signature, on a form provided
by the Division, the receipt of payment.
(b) Each inspector shall observe and report the conduct of the
seconds in the corner of his designated contestant during the
course of the match and immediately report any violation or
suspicious or improper behavior to the Division representative.
Each inspector shall be present in his designated contestant's
dressing room to insure that:
(1) No illegal drugs or foreign substances are
ingested or used. Any use or suspected use of
an illegal drug or foreign substance shall be
immediately reported to the Division
representative;
(2) Handwraps are applied in accordance with the
rules in this Chapter;
(3) Gloves to be used are clean, sanitary and in
good condition, and are laced and tied;
(4) A urine sample is collected, when necessary,
in accordance with the prescribed protocol as
designated by the rules in this Chapter; and
(5) Security is maintained for the protection of the
contestant, and the public, and to ensure that
the Division representative and inspectors can
carry out the provisions of G.S. 143, Article 68
and the rules set forth in this Chapter.
(c) Forms for applications for licenses and permits are available
from the Boxing Authority Section of the Division. These forms
may be obtained by contacting, and shall be filed with:
NC ALE Boxing Authority Section
Department of Crime Control and Public Safety
4704 Mail Service Center
Raleigh, North Carolina 27699-4704
Telephone (919) 733-3925.
History Note: Authority G.S. 143-652.1; 143-651(7a); 150B-
38; 150B-39; 143-654;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. March 1, 2008; October 1, 2004.
14A NCAC 12 .0201 DRUGS AND FOREIGN
SUBSTANCES
(a) No contestant shall at any time, use or be under the influence
of any drug or foreign substance that would increase or decrease
his performance, or impair his or the physician's ability to
recognize a potentially serious injury or physical condition. No
substance, other than plain drinking water, shall be given to or
ingested by a contestant during the course of a match.
(b) The following drug or foreign substance classifications are
prohibited except as otherwise indicated:
(1) Stimulants--All stimulants are banned with the
following exceptions:
(A) Caffeine--provided, however, that an
amount greater than 12 mcg/ml in the
urine is prohibited;
(B) Beta 2 Agonist--provided it is
selected from the following list and is
in aerosol or inhalant form only:
Drug Chemical Brand Name
(i) Mesylate Tornalate
(ii) Metaproterenol Sulfate Alupent, Metaprel
(iii) AlbuterolSulfate Ventolin, Proventil
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(iv) TerbutalineSulfate Brethaire
(2) Narcotics;
(3) Anabolic Steroids, including human growth
hormone;
(4) Diuretics;
(5) Alcohol;
(6) Local Anesthetics; and
(7) Corticosteroids.
(c) Whenever the Division representative has reason to believe
that a contestant has ingested or used a prohibited drug or
foreign substance, the Division representative shall request and
the contestant shall provide, under the supervision of a
physician, Division representative or inspector, a sample of his
urine taken not more than 1 hour after the conclusion of the
match. No contestant shall use substances or methods which
would alter the integrity of the urine sample.
(d) Failure or refusal to provide a urine sample immediately
upon request shall result in the revocation of the contestant's
license. Any contestant who has been adjudged the loser of a
match and who subsequently refuses or is unable to provide a
urine sample shall forfeit his share of the purse to the Division.
Any contestant who is adjudged the winner of a match and who
subsequently refuses or is unable to provide a urine sample shall
forfeit the win and shall not be allowed to engage in any future
match in North Carolina. A no decision result shall be entered
into the official record as the result of the match. The purse
shall be redistributed as though the contestant found to be in
violation of this Section had lost the match. If redistribution of
the purse is not necessary or after redistribution of the purse is
accomplished, the contestant found to be in violation of this
Section shall forfeit his share of the purse to the Division.
(e) After each match the physician shall advise the Division
representative as to whether or not he observed any behavior or
other signs that would indicate the advisability of processing the
urine sample. The Division representative shall make the final
decision as to the processing of the urine sample.
(f) The following apply to the external use of drugs or foreign
substances by contestants.
(1) No drug or foreign substance shall be used
unless expressly provided for in the rules in
this Chapter or as directed by a physician.
(2) The following drugs or foreign substances may
be used by contestants under the conditions
described in this Chapter:
(A) Petroleum Jelly--The use of
petroleum jelly is allowed around the
eyes. However, the use of petroleum
jelly on the arms, legs and body of a
contestant is prohibited.
(B) The use of a 1/1000 solution of
Adrenalin and Avitine, or their
generic equivalents, as approved by a
physician, is allowed between rounds
to stop bleeding of cuts and
lacerations sustained by a contestant.
(3) Any contestant determined to have been using
or under the influence of a prohibited drug or
foreign substance and who has been adjudged
the loser of a match shall forfeit his share of
the purse to the Division. Any contestant
determined to have been using or under the
influence of a prohibited drug or foreign
substance and who has been adjudged the
winner of a match, shall forfeit the win and a
no decision result shall be entered into the
official record as the result of the match. The
purse shall be redistributed as though the
contestant found to be in violation of this
Section had lost the match. If redistribution of
the purse is not necessary or after
redistribution of the purse is accomplished, the
contestant found to be in violation of this
Section shall forfeit his share of the purse to
the Division. The following penalties shall be
assessed against any contestant found to be in
violation of this Section:
(A) For the first occurrence the contestant
shall be penalized by suspending the
contestant's license banning his
participating in any manner, in any
match for a period of 180 calendar
days;
(B) For the second occurrence the
contestant shall be penalized by
suspending the contestant's license
and banning his participation in any
manner in any match for a period of
one year;
(C) For the third occurrence the
contestant shall be penalized by
permanently revoking the contestant's
license and banning permanently his
participation in any manner in any
match or activity regulated by G.S.
143, Article 68.
(4) No person licensed by the Division shall
participate in or contribute to the act of
violating this Section and any violation shall
be grounds for suspension or revocation of all
licenses held by such person. Any person
found to be in violation of this Section shall
forfeit his share of the purse or other
compensation to the Division and shall be
assessed the following penalty:
(A) The first occurrence shall be
penalized by suspending the person's
license and banning his participating
in any manner, in any match for a
period of 180 calendar days;
(B) The second occurrence shall be
penalized by suspending the person's
license and banning his participation
in any manner, in any match for a
period of one year;
(C) The third occurrence shall be
penalized by permanently revoking
the person's license and banning
permanently his participation in any
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manner, in any match or activity
regulated by G.S. 143, Article 68.
(g) Drugs, containers and other equipment used in conjunction
with a match, regardless of why or how they are used or where
they are located shall at all times be available for inspection by a
physician, referee or Division representative and shall be seized
if there is any evidence that they may have been used to violate
or are in violation of any provision of G.S. 143, Article 68 or the
Rules in this Chapter.
(h) Every person under the jurisdiction of the Division shall
immediately advise the physician, referee or Division
representative of any knowledge that any contestant scheduled to
be engaged in any match has, in violation of this Section,
ingested or is under the influence of any drug or foreign
substance prohibited by the rules in this Chapter.
History Note: Authority G.S. 143-652.1;
Recodified from 18 NCAC 9 .0104(aa)-(dd) Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. October 1, 2004;
Amended Eff. March 1, 2008 (recodified from 14A NCAC 12
.0109).
14A NCAC 12 .0301 PHYSICAL EXAMINATION
(a) Pre-Match Examination-A pre-match physical examination
shall be given to each contestant by a physician not more than
four hours before the start of the program of matches. The
physician conducting the pre-match physical examination shall
submit to the Division representative the results of the pre-match
physical on a form provided by the Division. The physician shall
certify his professional assessment as to whether or not the
contestant is physically and mentally fit to engage in the match.
A contestant shall not be permitted to engage in a match unless
he has been examined and pronounced fit to do so by a
physician.
(b) Post-Match Examination-At the conclusion of a match and
before each contestant leaves the premises, he or she shall be
given a post-match examination by a physician. The physician
conducting the post-match physical examination shall submit to
the Division representative the results of the post-match physical
examination on a form provided by the Division. The physician
shall certify his professional assessment as to the contestant's
physical condition, whether or not a medical suspension is
necessary, and whether additional medical treatment or
assessments are necessary.
(c) The Pre-Match examination given to all contestants shall
include the following:
(1) Temperature;
(2) Pulse; sitting, standing and running;
(3) Lungs;
(4) Heart; and
(5) Blood pressure.
(d) At the time of the pre-match physical examination, the
promoter shall furnish to the physician a provided pregnancy test
for all female contestants. The results of the pregnancy test shall
be reported on a form provided by the Division. If the promoter
does not have the test kits on site, the Division representative
shall provide test kits, the cost of which shall be paid by the
promoter. A contestant who tests positive for pregnancy shall
not be cleared or allowed to compete in any match.
(e) A contestant shall not engage in any match if any of the
following conditions are found by the physician:
(1) Hernia, or bubonocele;
(2) Organic heart murmurs;
(3) Active pulmonary lesions;
(4) Abnormal temperature as determined by the
physician;
(5) Systolic pressure over 150 and diastolic
pressure over 90;
(6) Infectious skin lesions, such as boils or
infected wounds;
(7) Open wounds;
(8) Hand injuries, and fractures less than 6 weeks
old, if, in the physician's opinion, the injury
would be detrimental to the contestant's health
or ability to effectively compete or exhibit;
(9) An indication that the contestant is using or is
under the influence of narcotics, drugs,
stimulants, depressants, alcohol, local
anesthetics or such a high level of analgesics
as to render the contestant unable to recognize
if he is seriously injured. If the physician finds
any indication or evidence that the contestant
is using, is under the influence, of
unauthorized drugs or foreign substances such
that the physician cannot make a definite
determination and therefore allows the match
to proceed, the physician shall immediately
advise the Division representative who shall
ensure that a urine sample is taken and
processed in accordance with the rules in this
Chapter;
(10) Retinopathy or detached retina; provided
however, that at the request, of the applicant
the Division shall review individual cases of
repaired retinal damage for the purpose of
permitting the individual to engage in a boxing
match in North Carolina. In order for the
Division to consider the request the individual
must provide to the Division such medical
information as the Division deems appropriate
which must include a written statement by the
doctor performing the retinal repair that the
retina is completely healed; that in his opinion,
within a reasonable medical certainty, no
unusual or extraordinary risk to the individual
is anticipated as a result of the repaired retina;
and that he authorizes the individual to engage
in the sport of boxing, kickboxing or mixed
martial arts. In the event the physician who
made the repair is unavailable, the individual
must authorize the Division and the Division's
physician total and unlimited access to all
medical records pertaining to the damage,
repair of the damage and any subsequent
treatment regarding the eyes. The Division
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shall direct its physician to review all
information and to examine the individual
seeking licensure and report the results and
recommendation to the Division for
consideration by the Division. Any costs
associated with the review and examination of
records or the individual shall be borne by the
individual seeking licensure;
(11) Dental abscess;
(12) Ophthalmological problem;
(13) History of epilepsy or seizures;
(14) Blindness;
(15) History of kidney problems;
(16) Change in gait or balance; or
(17) History of any change in a CAT scan,
electroencephalogram (EEG), or
electrocardiogram (EKG).
(f) If at any time, the Division representative determines that the
match may be adverse to the health of a contestant or referee, the
Division representative shall order the contestant or referee to be
medically examined by a physician. The physician conducting
the medical examination shall submit to the Division the results
of the examination on a form provided by the Division. The
physician shall certify his professional assessment as to: the
contestant's or referee's physical conditions, whether or not a
medical suspension is necessary and the recommended length of
suspension commensurate with the specified injury; and whether
additional medical treatment or assessments are necessary.
History Note: Authority G.S. 143-652.1;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9 .0104(g)-(j) Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. October 1, 2004;
Amended Eff. March 1, 2008 (recodified from 14A NCAC 12
.0105).
14A NCAC 12 .0401 PERMITS
(a) No promoter shall be given tentative approval for or issued a
permit if such person has an unpaid fine or any delinquent
indebtedness outstanding to the Division.
(b) Each application for a permit shall be in writing, verified by
the applicant, complete, and be accompanied by the required fee.
The application for permit shall be on file with the Division at
least 30 calendar days prior to the scheduled program of
matches.
(c) Upon receipt of the application for permit, the Division
representative shall review the application and, if the application
is in compliance with the requirements of G.S. 143, Article 68
and the rules set forth in this Chapter, he shall give tentative
approval to the promoter for the proposed date of the program.
If the Division representative determines that the application for
permit is not in compliance with Article 68 or the rules as set
forth in this Chapter, he shall immediately advise the promoter
that the application for permit has been disapproved and shall
state the reasons that the application is not in compliance. The
Division representative shall deny an application for permit if
another program of matches has previously been scheduled for
the same date, and he has determined that adequate staff would
not be available to properly supervise both programs of matches.
(d) The promoter shall provide the proposed fight card not later
than seven calendar days prior to the proposed date of the
program. The promoter may advise the Division representative
verbally of the names of the proposed contestants. The Division
representative shall review the proposed fight card and, if he
determines that all the proposed matches meet the requirements
of Article 68, and the rules set forth in this Chapter, he shall
approve the proposed fight card. If the Division representative
determines that the proposed fight card is not in compliance with
Article 68 or the rules set forth in this Chapter, he shall not
approve the proposed fight card and shall immediately advise the
promoter that the proposed fight card has been disapproved and
the reasons for the disapproval.
(e) All other pre-match requirements of the promoter described
in Article 68 and the rules set forth in this Chapter shall be
accomplished before final approval is given and the permit
issued. The final approval of the permit shall not be given
unless the Division representative has observed that all
requirements related to facilities, equipment, personnel,
licensing and approvals, and procurement of insurance have
been met by the promoter. Immediately upon determining that
the promoter has met all the requirements as set forth in this
Chapter, the Division representative shall issue the permit. If the
Division representative determines that the promoter is not in
compliance with the requirements set forth in this Rule, the
Division representative shall rescind the tentative approval of the
permit and the program of matches shall be canceled. If the
program of matches is canceled, all tickets shall be refunded in
accordance with the refund provisions set forth in the rules in
this Chapter.
(f) A permit is only valid for the program of matches for which
it was issued. A new permit is required for each program of
matches. If, after the payment of the permit fee to the Division a
program of matches is canceled for any reason, whether by the
promoter or the Division, the permit fee shall not be refunded,
provided however, that the fee shall be refunded if the
cancellation by the Division was the result of an error made by
the Division and which was through no fault of the promoter.
(g) A non-refundable permit fee shall be submitted with the
application for permit and shall be based on the seating capacity
of the premises to be utilized to present the program of matches.
The following fee structure shall be utilized to determine the
permit fee:
(1) Seating capacity is less than 2000--
Fee=$150.00
(2) Seating capacity is 2000 or more but no
greater than 5000--Fee=$300.00
(3) Seating capacity exceeds 5000--Fee=$$450.00
History Note: Authority G.S. 143-652.1; 143-655;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9.0105 Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. November 1, 2004;
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1663
Amended Eff. March 1, 2008 (recodified from 14A NCAC 12
.0110).
14A NCAC 12 .0402 LICENSING REQUIREMENTS
(a) A person shall not be issued a license if such person has an
unpaid fine or any delinquent indebtedness outstanding to the
Division.
(b) A person shall not be issued a license who, in any
jurisdiction, has been convicted of any act which would
constitute a violation of G.S. 143, Article 68 or the rules set forth
in this Chapter; or which would constitute any of the grounds set
forth in G.S. 143, Article 68 for suspension or revocation of a
license; or against whom such charges are pending before any
regulatory body.
(c) A person shall not be issued a license who has been named
in a pending administrative action or indictment for any act
which would constitute a violation of G.S. 143, Article 68 or the
rules set forth in this Chapter.
(d) A person shall not transfer or attempt to transfer, including
by the use of a power of attorney, any rights, privileges,
responsibilities, duties, obligations or liabilities which by their
nature are entitled to or encumbered by only those individuals
holding a license to perform and be responsible for such
activities.
(e) For the purposes of the rules in this Chapter, the
requirements and responsibilities of a co-promoter are the same
as that of a promoter, and wherever the term promoter is used it
is deemed to include the term co-promoter.
(f) All applications for a license shall be in writing on a form
provided by the Boxing Authority Section of the Division,
verified by the applicant, complete, and accompanied by the
required fee.
(g) Upon receipt of an application for a license, the Division
representative shall review the application and, if the application
is in compliance with the requirements of G.S. 143, Article 68
and the rules set forth in this Chapter, he shall issue the license.
If the Division representative determines that the application is
not in compliance, he shall notify the applicant and set forth the
reasons for his finding that the application is not in compliance.
(h) An application for the renewal of a license shall be
submitted on the same forms as referenced in this Rule and all of
the requirements, standards, and criteria used to approve or
disapprove an application for a new or initial license shall be
used to approve or disapprove the application for the renewal of
a license.
History Note: Authority G.S. 143-652.1; 143-655;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9.0106 Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. November 1, 2004;
Amended Eff. March 1, 2008 (recodified form 14A NCAC 12
.0111(a-h)).
14A NCAC 12 .0403 DUTIES OF CONTESTANTS
(a) A contestant shall not also be licensed as a judge, promoter
or referee nor shall he act as judge, promoter or referee.
(b) A contestant shall not have any financial or pecuniary
interest in his opponent.
(c) A contestant shall not be licensed as a contestant and the
license of any contestant shall be suspended or revoked if such
person:
(1) Is under 18 years of age;
(2) Has had cardiac surgery;
(3) Has not received ophthalmic examination
within the immediate 12 month period prior to
the date of the scheduled match and the results
of the examination filed with the Division;
(4) Is found to have any blindness or whose vision
is so poor as to cause a health hazard or
impairment to his ability to effectively
participate in a match;
(5) Has suffered cerebral hemorrhage or any other
serious head injury. The Division
representative shall, if he has cause to believe
that a contestant may have suffered
neurological injury, direct the contestant to
undergo an EKG or CAT scan, and the
interpretation and diagnosis shall be filed with
the Division; or
(6) Is no longer able to competently perform
based on his win/lose/draw record, his
previous opponents and the results of such
matches, his proposed opponent and the results
of the matches between his proposed opponent
and others, and his physical condition.
(d) A contestant whose most recent match was eight rounds or
more in duration, shall not engage in a match with less than
seven calendar days between matches. A contestant whose most
recent match was less than eight rounds in duration, shall not
engage in a match with less than 48 hours between matches.
(e) Any contestant who fails to appear at a match or fails to
appear timely at a match for which he or his manager has
contracted and does not provide a valid reason or, in the case of
physical disability, furnish a physician's certificate, shall be
suspended for a period to be determined by the Division. A
valid reason for failure to appear or to appear timely at a match
includes an unforeseen travel delay or other circumstance
beyond the contestant's control. In making a determination as to
the period of suspension, the Division shall consider the
following factors:
(1) The relative importance of the match;
(2) The contestant's past record of punctuality and
tardiness; and
(3) The reason or reasons for his failure to appear
or appear timely.
History Note: Authority G.S. 143-652.1; 143-655;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9 .0106 Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. November 1, 2004;
Amended Eff. March 1, 2008 (redodified from 14A NCAC 12
.0111(i)).
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1664
14A NCAC 12 .0404 DUTIES OF PROMOTERS AND
MATCHMAKERS
(a) A promoter or matchmaker shall not act as a promoter or
matchmaker for any boxing or kickboxing match in this State
unless the match is held in accordance with the rules in this
Chapter.
(b) Any person licensed as an individual shall have sole
ownership of such license and such license is not transferable or
assignable to another. If such person is no longer in business,
the license is void.
(c) Any license issued to and in the name of a corporation is not
transferable or assignable to another. If such corporation is no
longer in business or no longer operates as the corporation, the
license is void. If any officer of the corporation is added or
deleted, the licensee shall, within 10 calendar days, notify the
Division of such addition or deletion. A newly added officer
shall submit an application for promoter or co-promoter license.
(d) Any license issued to a partnership is not transferable or
assignable to another. If the partnership is no longer in business
or no longer operates as the partnership, the license is void,
provided however that if the business continues to operate but
does not operate as a partnership and the sole remaining person
was one of the licensed partners and all other previous licensed
partners have, in writing, authorized such sole remaining person
to have control and use of the licensed name, than the license
may remain in force and effective until its expiration date, at
which time the person shall apply as an individual.
(e) A promoter shall not be licensed as a judge or referee.
(f) An applicant for a promoter's license shall satisfy the
following bonding requirements:
(1) An applicant for a promoter license shall
deposit with the Division a bond or other
security in the amount of ten thousand
($10,000) prior to being issued a promoter
license. If, at any time and for whatever
reason, the bond or other security is not
maintained in full force and effect, the license
is automatically void.
(2) If the Division determines that the projected
liability for a match may exceed ten thousand
dollars ($10,000) the Division representative
shall require an additional bond or additional
security for the match. The additional bond or
additional security shall be required and used
only for the designated match and shall be
released or returned 90 calendar days after the
date of the match unless, as a result of
violations or suspected violations, the Division
representative determines that the additional
bond or additional security shall be retained by
the Division for a longer period.
(3) The bond and other security, or additional
bond and additional security shall be filed with
the Division for the purpose of providing
surety that the promoter will faithfully perform
and fulfill his obligations as described in
Article 68, and the rules set forth in this
Chapter. Any fault, negligence, error or
omission, failure to fulfill contractual
obligations, violation of any rules of the
Division or any other act or failure to act may
result in a claim for recovery from the bond
and recovery from the other security. When
the amount of recovery cannot be determined
by the Division due to the failure of the
promoter to perform as required by G.S. 143,
Article 68 or the rules set forth in this Chapter,
the Division shall recover the face value of the
bond and other security and the additional
bond and additional security, as appropriate
provided however that the recovery shall not
be greater than the amount of the bond and
other security required to be deposited with the
Division.
(4) A bond or additional bond is acceptable if the
following conditions are met:
(A) The bond or additional bond shall
have attached the Division Director as
power of attorney, which power of
attorney shall not have an expiration
date;
(B) The bond and additional bond shall
provide surety in an amount equal to
the face amount of the bond and
additional bond and the aggregate
annual liability shall be for the face
amount of the bond and additional
bond;
(C) The bond and additional bond shall
be made out in the name of the
Division of Alcohol Law
Enforcement, Boxing Authority
Section and shall be negotiable on the
authority of the Division
representative;
The bond and additional bond may not be
canceled, for any reason, unless the following
conditions have been met, provided however,
when an additional bond is required, as
referenced in this Part (f)(4)(B) in this Rule
shall not apply:
(i) The surety company has
provided the Division at
least a 60 calendar-da

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 22 ● ISSUE 19 ● Pages 1634 - 1733
April 1, 2008
I. EXECUTIVE ORDERS
Executive Order No. 137 .................................................................................... 1634 – 1636
Executive Order No. 138 .................................................................................... 1637 – 1638
II. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 1641 – 1649
Insurance, Department of
Department...................................................................................................... 1639 – 1641
III. TEMPORARY RULES
Agriculture and Consumer Services, Department of
Gasoline and Oil Inspection Board ................................................................. 1650 – 1651
IV. APPROVED RULES........................................................................................ 1652 – 1709
Administration, Department of
Department
Crime Control and Public Safety, Department of
Alcohol Law Enforcement Division
Environment and Natural Resources, Department of
Environmental Management Commission
Soil and Water Conservation Commission
Wildlife Resources Commission
Insurance, Department of
Department
Justice, Department of
Private Protective Services Board
Occupational Licensing Boards and Commissions
Funeral Service, Board of
Occupational Therapy, Board of
Perfusionist Advisory Committee of the Medical Board
Psychology Board
Respiratory Care Board
V. RULES REVIEW COMMISSION ................................................................. 1710 – 1727
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 1728 – 1733
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (919) 733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact: Molly Masich, Codifier of Rules molly.masich@ncmail.net (919) 733-3367
Dana Vojtko, Publications Coordinator dana.vojtko@ncmail.net (919) 733-2679
Julie Edwards, Editorial Assistant julie.edwards@ncmail.net (919) 733-2696
Felicia Williams, Editorial Assistant felicia.s.williams@ncmail.net (919) 733-3361
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave., Suite 159 (919) 733-2721
Raleigh, North Carolina 27605 (919) 733-9415 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@ncmail.net (919) 715-8655
Bobby Bryan, Commission Counsel bobby.bryan@ncmail.net (919) 733-0928
Angela Person, Administrative Assistant angela.person@ncmail.net (919) 733-2721
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: William Crumbley, Economic Analyst william.crumbley@ncmail.net (919) 807-4740
Governor’s Review
Reuben Young reuben.young@ncmail.net
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street(919)
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Anita Watkins awatkins@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2008 – December 2008
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
22:13 01/02/08 12/06/07 01/17/08 03/03/08 03/20/08 05/01/08 05/13/08 09/28/08
22:14 01/15/08 12/19/07 01/30/08 03/17/08 03/20/08 05/01/08 05/13/08 10/11/08
22:15 02/01/08 01/10/08 02/16/08 04/01/08 04/21/08 06/01/08 01/2009 10/28/08
22:16 02/15/08 01/25/08 03/01/08 04/15/08 04/21/08 06/01/08 01/2009 11/11/08
22:17 03/03/08 02/11/08 03/18/08 05/02/08 05/20/08 07/01/08 01/2009 11/28/08
22:18 03/17/08 02/25/08 04/01/08 05/16/08 05/20/08 07/01/08 01/2009 12/12/08
22:19 04/01/08 03/10/08 04/16/08 06/02/08 06/20/08 08/01/08 01/2009 12/27/08
22:20 04/15/08 03/25/08 04/30/08 06/16/08 06/20/08 08/01/08 01/2009 01/10/09
22:21 05/01/08 04/10/08 05/16/08 06/30/08 07/21/08 09/01/08 01/2009 01/26/09
22:22 05/15/08 04/24/08 05/30/08 07/14/08 07/21/08 09/01/08 01/2009 02/09/09
22:23 06/02/08 05/09/08 06/17/08 08/01/08 08/20/08 10/01/08 01/2009 02/27/09
22:24 06/16/08 05/23/08 07/01/08 08/15/08 08/20/08 10/01/08 01/2009 03/13/09
23:01 07/01/08 06/10/08 07/16/08 09/02/08 09/22/08 11/01/08 01/2009 03/28/09
23:02 07/15/08 06/23/08 07/30/08 09/15/08 09/22/08 11/01/08 01/2009 04/11/09
23:03 08/01/08 07/11/08 08/16/08 09/30/08 10/20/08 12/01/08 01/2009 04/28/09
23:04 08/15/08 07/25/08 08/30/08 10/14/08 10/20/08 12/01/08 01/2009 05/12/09
23:05 09/02/08 08/11/08 09/17/08 11/03/08 11/20/08 01/01/09 01/2009 05/30/09
23:06 09/15/08 08/22/08 09/30/08 11/14/08 11/20/08 01/01/09 01/2009 06/12/09
23:07 10/01/08 09/10/08 10/16/08 12/01/08 12/22/08 02/01/09 05/2010 06/28/09
23:08 10/15/08 09/24/08 10/30/08 12/15/08 12/22/08 02/01/09 05/2010 07/12/09
23:09 11/03/08 10/13/08 11/18/08 01/02/09 01/20/09 03/01/09 05/2010 07/31/09
23:10 11/17/08 10/24/08 12/02/08 01/16/09 01/20/09 03/01/09 05/2010 08/14/09
23:11 12/01/08 11/05/08 12/16/08 01/30/09 02/20/09 04/01/09 05/2010 08/28/09
23:12 12/15/08 11/20/08 12/30/08 02/13/09 02/20/09 04/01/09 05/2010 09/11/09
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1634
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1635
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1636
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1637
EXECUTIVE ORDERS
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1638
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1639
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 11 – DEPARTMENT OF INSURANCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Department of Insurance intends to adopt
the rule cited as 11 NCAC 19 .0108 and amend the rules cited as
11 NCAC 19 .0102 - .0106; 20 .0304, .0409, .0510.
Proposed Effective Date: August 1, 2008
Public Hearing:
Date: April 18, 2008
Time: 10:00 a.m.
Location: 3rd Floor Hearing Room, Dobbs Building, 430 N.
Salisbury Street, Raleigh, NC
Reason for Proposed Action: Statutory requirements require
change in record retention period from three years to five years;
and clarifying technical corrections.
Procedure by which a person can object to the agency on a
proposed rule: The Department of Insurance will accept
written objections to these rules until the expiration of the
comment period on June 2, 2008.
Comments may be submitted to: Ellen K. Sprenkel, 1201 Mail
Service Center, Raleigh, NC 27699-1201, phone (919) 733-
4529, fax (919) 733-6495, email esprenkel@ncdoi.net
Comment period ends: June 2, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 19 - MARKET CONDUCT DIVISION
SECTION .0100 - GENERAL PROVISIONS
11 NCAC 19 .0102 MAINTENANCE OF RECORDS
(a) Every insurer licensed to do business in this State shall
maintain for not less than three at least five years all records,
books, documents, and other business records that are required
by this Chapter and by G.S. 58.Chapter 58 of the North Carolina
General Statutes. This data shall be maintained in such an order
that information can be readily ascertained by the Department
upon a market conduct examination.
(b) Every agency, agent, broker, or producer of record shall
maintain a file for each policy sold, and the file shall contain all
work papers and written communications in his or her
possession pertaining to the policy documented therein. These
records shall be retained for not less than three at least five
years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-185; 58-2-190; 58-2-195; 58-2-200; 58-7-
50; 58-20-30; 58-21-40; 58-21-75; 58-22-20(6); 58-23-25; 58-
24-135; 58-27-10; 58-36-85(1); 58-39-70; 48-41-15; 58-41-20;
58-41-25; 58-47-100; 58-48-65; 58-49-55; 58-56-16; 58-62-66;
58-63-20; 58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0103 COMPLAINT RECORDS
Each insurer or its agents shall maintain or cause to be
maintained an itemization register or log of all written
complaints listing the Department Department's file number, the
name of the insured, the nature of the complaint, the Department
insurer's department subject to the complaint, the policy or claim
number of the insured, and the disposition of the complaint.
This record These records shall be retained for at least three five
years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132;58-2-
133; 58-2-134; 58-7-50; 58-20-30; 58-21-40; 58-36-85(1); 58-
47-100; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10;
58-39-70; 58-48-65; 58-49-55; 58-56-16; 58-62-66; 58-63-20;
58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0104 POLICY RECORDS
Each insurer or its agents shall maintain or cause to be
maintained a record of all policies so as to show clearly that
specifies the policy period, basis for rating, and if terminated,
documentation supporting policy termination by the insurer or
policyholder, and accounting records indicating return premium
amounts. These records shall be retained for at least threefive
years.
PROPOSED RULES
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Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-7-50; 58-20-30; 58-21-
40; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-
36-85(1); 58-39-70; 58-47-100; 58-48-65; 58-49-55; 58-56-16;
58-62-66; 58-63-20; 58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0105 CLAIM RECORDS
Each insurer or its agents shall maintain or cause to be
maintained a record of all claim reports so as to show clearly
that specifies the inception, handling, and disposition of each
claim. These records shall be retained for at least three five
years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-20-30; 58-21-40; 58-21-
75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-36-85(1);
58-39-70; 58-48-65; 58-47-100; 58-49-55; 58-56-16; 58-62-66;
58-63-20; 58-64-55; 58-65-105; 58-67-100.
11 NCAC 19 .0106 RECORDS REQUIRED FOR
EXAMINATION
(a) Market conduct examinations of property and casualty
insurers generally include review of liability insurers: insurers
being examined by the Department shall provide examiners
access to information about the following areas of operation:
(1) Company overview: history and profile,
company operations and management, and
certificates of authority;
(2) Policyholder treatment: consumer complaints;
(3) Marketing: policy forms and filings, sales and
advertising, agency management;
(4) Underwriting and rating practices: personal
lines and commercial lines; all terminations
(cancellations and nonrenewals) and
declinations or rejections;
(5) Claims practices: organization and procedures,
closed with payment, closed without payment,
total loss settlements (salvage), subrogation,
and litigation.
(b) Market conduct examinations of life and health insurers
generally include review ofinsurers: insurers being examined by
the Department shall provide examiners access to information
about the following areas of operation:
(1) Company overview: history and profile,
company operations and management, and
certificates of authority;
(2) Policyholder treatment: consumer complaints,
nonforfeiture benefits (policy loans, cash
surrenders, extended term and reduced paid-up);
(3) Marketing: policy forms and filings, sales and
advertising, and agency management;
(4) Underwriting and rating practices: life
(individual and group), health (individual and
group), annuities (individual and group);
declinations (individual and group); annuity
suitability questionnaires;
(5) Claims practices: life (individual and group),
health (individual and group) annuities
(individual and group).
(c) Market conduct examinations of full service and single
service health maintenance organizations (HMOs) and single
service HMOs generally include review of organizations: health
maintenance organizations being examined by the Department
shall provide examiners access to information about the
following areas of operation:
(1) Company overview: articles of incorporation,
bylaws, history and profile, company
operations and management, risk management
policies, and data protection plan;
(2) Provider delivery systems: provider manual,
provider contracting policies and procedures,
provider directories, and availability and
accessibility standards and monitoring reports
related to these standards;
(3) Management agreements: management
agreements, intermediary contracts,
intermediary certifications, and provider
agreements;
(4) Utilization management: utilization
management plan, utilization management
policies and procedures, annual utilization
management certifications, utilization
management monthly telephone reports,
precertification records, and appeals of
noncertification records;
(5) Quality management: quality management
plan, quality management policies and
procedures, quality management committee
minutes, quality of care complaints, and
quality management annual program
evaluation;
(6) Provider credentialing: credentialing plan,
credentialing policies and procedures, and
credential files;
(7) Claims practices: policies and procedures,
reports of processed and denied claims, claims
records;
(8) Policyholder treatment: member services'
policies and procedures, member services
complaint logs, member complaint records,
member services monthly telephone reports,
late enrollment guidelines, and member
materials;
(9) Marketing: agent and broker files, agent
appointment and termination listings,
marketing training materials, sales and
advertising materials, and policy forms and
filings;
(10) Underwriting and rating practices:
underwriting manual, annual rate filings,
overview of rate development for each filed
methodology, and underwriting files;
(11) Oversight of delegated functions: oversight
committee activity, oversight monitoring tools,
and audits.
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1641
(d) Market conduct examinations of managed care health
insurers other than health maintenance organizations generally
include review of some or all of plans: managed care plans
being examined by the Department shall provide examiners
access to information about the areas of operation
referencedaddressed in Paragraphs (b) and (c) of this Rule.
(e) Specific If the Department requests specific records relative
to these the areas of operations referenced in Paragraphs (a), (b),
(c), and (d) of this Rulewill usually be requested by prior written
notification or in a pre-examination conference. These
conference, the records shall be made available to the
examinations staff when the staff arrives at the insurer's office.
office, or shall be sent to the Department if requested.
(f) Additional records shall be made available by the insurer on
the date of arrival if the Department has requested that those
records be made available for the examination. Additional
records, not previously requested, may be required during and
after an examination. Appropriate work space Work space that
will accommodate the exam team and equipment shall be
provided by the insurer to the examiners to expedite the
examiners' review of the records.
(g) During a market conduct examination, each insurer shall
respond to all formal requests from a department examiner for
additional data. The insurer shall sign and date the data request
and return it to the examiner-in-charge with any applicable
documentation. The data shall be accurate, all inclusive, and in
the format requested to facilitate the review process.
(h)(g) Records of business that are encompassed by Information
about the areas of operation referenced in Paragraphs (a), (b),
(c), and (d) of this Rule shall be maintained by every insurer for
not less than three at least five years.
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-7-50; 58-20-30; 58-21-
40; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-
36-85(1); 58-39-70; 58-47-100; 58-48-65; 58-49-55; 58-50-56,
58-50-61, 58-50-62, 58-56-16; 58-62-66; 58-63-20; 58-64-55;
58-65-105; 58-67-10; 58-67-11; 58-67-100.
11 NCAC 19 .0108 DEFINITIONS
As used in this Chapter:
(1) Examination is defined in G.S. 58-2-131(b)(3).
(2) Examiner is defined in G.S. 58-2-131(b)(4).
(3) Health maintenance organization is defined in
G.S. 58-67-5(f).
(4) Insurer includes a health maintenance
organization, service corporation, and a
multiple employer welfare arrangement.
(5) Managed care plan is defined in G.S. 58-50-
61(a)(11).
(6) Provider is defined in G.S. 58-67-5(h).
Authority G.S. 58-2-40(1); 58-2-50; 58-2-131; 58-2-132; 58-2-
133; 58-2-134; 58-2-190; 58-2-195; 58-7-50; 58-20-30; 58-21-
40; 58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 58-
36-85(1); 58-39-70; 58-47-100; 58-48-65; 58-49-55; 58-50-56,
58-50-61, 58-50-62, 58-56-16; 58-62-66; 58-63-20; 58-64-55;
58-65-105; 58-67-10; 58-67-11; 58-67-100.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 20 - MANAGED CARE HEALTH BENEFIT
PLANS
SECTION .0300 - PROVIDER ACCESSIBILITY AND
AVAILABILITY
11 NCAC 20 .0304 MONITORING ACTIVITIES
Each carrier shall, by means of site visits or review of
information gathered by the carrier, monitor compliance with
this Section and evaluate provider availability and accessibility
at least annually to ensure that the needs of its members are met.
Supporting The documentation of these activities shall be
maintained by domestic carriers for a period of three five years
or until the completion of the next triennial quintennial
examination conducted by the Department, whichever is later.
Foreign carriers shall maintain the documentation of these
activities for a period of five years.
Authority G.S. 58-2-40(1); 58-2-131; 58-50-55(b); 58-65-1; 58-
65-25; 58-65-105; 58-65-140; 58-67-10; 58-67-20; 58-67-35;
58-67-65; 58-67-100; 58-67-140; 58-67-150.
SECTION .0400 - NETWORK PROVIDER
CREDENTIALS
11 NCAC 20 .0409 RECORDS AND
EXAMINATIONS
Each carrier shall maintain or cause to be maintained all records
related to credential verification in a manner that the carrier
deems to be adequate for a period of three five years or until the
completion of the triennial next quintennial examination
conducted by the Department, whichever is later.
Authority G.S. 58-2-40(1); 58-2-131; 58-50-55(b); 58-65-1; 58-
65-25; 58-65-105; 58-65-140; 58-67-5; 58-67-10; 58-67-20; 58-
67-35; 58-67-65; 58-67-100; 58-67-140; 58-67-150.
SECTION .0500 - HMO QUALITY MANAGEMENT
PROGRAMS
11 NCAC 20 .0510 RECORDS AND
EXAMINATIONS
Each HMO shall maintain or cause to be maintained records of
quality management plans, procedures, activities, studies, and
operations. The records shall be accessible to the Commissioner
and shall be retained for a period of three five years or until the
completion of the next triennial quintennial examination
conducted by the Department, whichever is longer. later.
Authority G.S. 58-2-40(1); 58-67-5; 58-67-10; 58-67-20; 58-67-
35; 58-67-65; 58-67-100; 58-67-140; 58-67-150.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1642
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rules cited as 15A NCAC 02B .0225, .0303.
Proposed Effective Date: September 1, 2008
Public Hearing:
Date: April, 22, 2008
Time: 6:00 p.m.
Location: Albert Carlton Cashiers Community Library, 249
Frank Allen Road, Cashiers, NC 28717
Reason for Proposed Action: Proposed Reclassification of
Horsepasture River. The Sierra Club requested that
Horsepasture River (Jackson and Transylvania Counties) in the
Savannah River Drainage Area be reclassified to Outstanding
Resource Waters (ORW). The purpose of this rule change is to
provide supplementary protection for the resources and quality
of these waters. According to 2006 water quality studies, only
the lower 4.6 miles of Horsepasture River in Transylvania
County, which traverse from N.C. 281 (Bohaynee Road) to the
NC-SC state line, and two tributaries (Trays Island Creek and
Logan Creek) to the upper portion of the river in Jackson
County, have excellent water quality. Additional data revealed
that the lower segment of the river contains fish species carrying
State designations ranging from species of concern and
proposed as threatened to significantly rare species, and is
contained within a natural heritage area (NHA) of state
significance and within a nationally significant NHA.
Furthermore, portions of the lower river segment carry state and
federal designations of natural, wild, scenic, and/or
recreational, and lands surrounding parts of it are contained
within national forest, state park, and state gamelands.
Therefore, based on water quality and existing resource values,
this segment of the river and its tributaries qualify for the ORW
designation. The upper portion of the river's watershed also
contains important resource values. This area contains or is
contained within eight NHAs of regional, state or local
significance, and portions of this area are located in a national
forest and a national gameland. This entire watershed is
recognized for its exceptional State and national ecological
significance via the above-mentioned species, NHAs, and
national and state forest, park, and/or gamelands. Therefore, in
addition to providing the ORW designation to the excellent
water quality of the 4.6-mile segment of Horsepasture River and
the tributaries draining to this segment, it is proposed that the
ORW special protection measures, or management strategy, be
implemented throughout the entire watershed. This proposal will
provide a high level of protection of the excellent water quality
in the 4.6-mile segment, Trays Island Creek, and Logan Creek,
and the outstanding resource values found throughout the
watershed. Thus, the 4.6-mile segment and tributaries draining
to this segment are proposed to receive both the ORW
classification and the ORW management strategy, and the
remainder of the watershed is proposed to receive the ORW
management strategy, as symbolized by the "+" classification,
but not the ORW classification. This reclassification would
include the entire river's watershed, meaning the entire main
stem of Horsepasture River from its source to the North
Carolina-South Carolina state line plus all tributaries to the
main stem. The upper portion of the river is classified Class C Tr
(Trout), and is proposed to be reclassified as Class C Tr+. The
lower portion of the river is classified as Class B Tr, and is
proposed to be reclassified to Class B Tr ORW. The land along
the subject waters exists solely within the jurisdiction of
Transylvania and Jackson Counties. The area proposed for
reclassification measures approximately 19,137 acres, and
approximately 36 miles of named waterbodies are proposed to
be reclassified. If reclassified, regulations that affect new
development projects, new and expansions of wastewater
dischargers, and new N.C. Department of Transportation (DOT)
projects would apply. Forestry, non-livestock agricultural, and
farming activities will not be affected. There is no known
proposed development, and no plans for new or expanded
discharges, that would be impacted by the proposal according to
local government and Asheville Regional Office staff. NCDOT
staff have determined that there is one planned DOT project in
the subject area that would be impacted by the proposal, and
this project would require additional stormwater control devices
in order to meet the proposed reclassification's requirements.
Procedure by which a person can object to the agency on a
proposed rule: You may attend the public hearing and make
relevant verbal comments, and/or submit written comments, data
or other relevant information by June 2, 2008. The Hearing
Officer may limit the length of time that you may speak at the
public hearing, if necessary, so that all those who wish to speak
may have an opportunity to do so. The EMC is very interested in
all comments pertaining to the proposed reclassification. All
persons interested and potentially affected by the proposal are
strongly encouraged to read this entire notice and make
comments on the proposed reclassification. The EMC may not
adopt a rule that differs substantially from the text of the
proposed rule published in this notice unless the EMC publishes
the text of the proposed different rule and accepts comments on
the new text (see General Statute 150B 21.2 (g)). Written
comments may be submitted to Elizabeth Kountis of the Water
Quality Planning Section at the postal address, email address,
or fax number listed in this notice.
Comments may be submitted to: Elizabeth Kountis, DENR/
Division of Water Quality, Planning Section, 1617 Mail Service
Center, Raleigh, NC 27699-1617, phone (919) 733-5083
extension 369, fax (919) 715-5637, email
elizabeth.kountis@ncmail.net
Comment period ends: June 2, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1643
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact: A copy of the fiscal note can be obtained from
the agency.
State
Local
Substantive (>$3,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0200 - CLASSIFICATIONS AND WATER
QUALITY STANDARDS APPLICABLE TO SURFACE
WATERS AND WETLANDS OF NORTH CAROLINA
15A NCAC 02B .0225 OUTSTANDING RESOURCE
WATERS
(a) General. In addition to the existing classifications, the
Commission may classify unique and special surface waters of
the state as outstanding resource waters (ORW) upon finding
that such waters are of exceptional state or national recreational
or ecological significance and that the waters have exceptional
water quality while meeting the following conditions:
(1) that the water quality is rated as excellent
based on physical, chemical or biological
information;
(2) the characteristics which make these waters
unique and special may not be protected by the
assigned narrative and numerical water quality
standards.
(b) Outstanding Resource Values. In order to be classified as
ORW, a water body must exhibit one or more of the following
values or uses to demonstrate it is of exceptional state or national
recreational or ecological significance:
(1) there are outstanding fish (or commercially
important aquatic species) habitat and
fisheries;
(2) there is an unusually high level of water-based
recreation or the potential for such recreation;
(3) the waters have already received some special
designation such as a North Carolina or
National Wild and Scenic River, Native or
Special Native Trout Waters or National
Wildlife Refuge, which do not provide any
water quality protection;
(4) the waters represent an important component
of a state or national park or forest; or
(5) the waters are of special ecological or
scientific significance such as habitat for rare
or endangered species or as areas for research
and education.
(c) Quality Standards for ORW
(1) Freshwater: Water quality conditions shall be
maintained to protect the outstanding resource
values of waters classified ORW.
Management strategies to protect resource
values shall be developed on a site specific
basis during the proceedings to classify waters
as ORW. No new discharges or expansions of
existing discharges shall be permitted, and
stormwater controls for all new development
activities requiring an Erosion and
Sedimentation Control Plan in accordance
with rules established by the NC
Sedimentation Control Commission or an
appropriate local erosion and sedimentation
control program shall be required to follow the
stormwater provisions as specified in 15A
NCAC 02H .1000. Specific stormwater
requirements for ORW areas are described in
15A NCAC 02H .1007.
(2) Saltwater: Water quality conditions shall be
maintained to protect the outstanding resource
values of waters classified ORW.
Management strategies to protect resource
values shall be developed on a site-specific
basis during the proceedings to classify waters
as ORW. New development shall comply with
the stormwater provisions as specified in 15A
NCAC 02H .1000. Specific stormwater
management requirements for saltwater ORWs
are described in 15A NCAC 02H .1007. New
non-discharge permits shall meet reduced
loading rates and increased buffer zones, to be
determined on a case-by-case basis. No
dredge or fill activities shall be allowed if
those activities would result in a reduction of
the beds of submerged aquatic vegetation or a
reduction of shellfish producing habitat as
defined in 15A NCAC 03I .0101(b)(20)(A)
and (B), except for maintenance dredging,
such as that required to maintain access to
existing channels and facilities located within
the designated areas or maintenance dredging
for activities such as agriculture. A public
hearing is mandatory for any proposed permits
to discharge to waters classified as ORW.
Additional actions to protect resource values shall be considered
on a site specific basis during the proceedings to classify waters
as ORW and shall be specified in Paragraph (e) of this Rule.
These actions may include anything within the powers of the
Commission. The Commission shall also consider local actions
which have been taken to protect a water body in determining
the appropriate state protection options. Descriptions of
boundaries of waters classified as ORW are included in
Paragraph (e) of this Rule and in the Schedule of Classifications
(15A NCAC 02B .0302 through 02B .0317) as specified for the
appropriate river basin and shall also be described on maps
maintained by the Division of Water Quality.
(d) Petition Process. Any person may petition the Commission
to classify a surface water of the state as an ORW. The petition
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1644
shall identify the exceptional resource value to be protected,
address how the water body meets the general criteria in
Paragraph (a) of this Rule, and the suggested actions to protect
the resource values. The Commission may request additional
supporting information from the petitioner. The Commission or
its designee shall initiate public proceedings to classify waters as
ORW or shall inform the petitioner that the waters do not meet
the criteria for ORW with an explanation of the basis for this
decision. The petition shall be sent to:
Director
DENR/Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The envelope containing the petition shall clearly bear the
notation: RULE-MAKING PETITION FOR ORW
CLASSIFICATION.
(e) Listing of Waters Classified ORW with Specific Actions
Waters classified as ORW with specific actions to protect
exceptional resource values are listed as follows:
(1) Roosevelt Natural Area [White Oak River
Basin, Index Nos. 20-36-9.5-(1) and
20-36-9.5-(2)] including all fresh and saline
waters within the property boundaries of the
natural area shall have only new development
which complies with the low density option in
the stormwater rules as specified in 15A
NCAC 02H .1005(2)(a) within 575 feet of the
Roosevelt Natural Area (if the development
site naturally drains to the Roosevelt Natural
Area).
(2) Chattooga River ORW Area (Little Tennessee
River Basin and Savannah River Drainage
Area): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section. However, expansions of existing
discharges to these segments shall be allowed
if there is no increase in pollutant loading:
(A) North and South Fowler Creeks;
(B) Green and Norton Mill Creeks;
(C) Cane Creek;
(D) Ammons Branch;
(E) Glade Creek; and
(F) Associated tributaries.
(3) Henry Fork ORW Area (Catawba River
Basin): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section:
(A) Ivy Creek;
(B) Rock Creek; and
(C) Associated tributaries.
(4) South Fork New and New Rivers ORW Area
[New River Basin (Index Nos. 10-1-33.5 and
10)]: the following management strategies, in
addition to the discharge requirements
specified in Subparagraph (c)(1) of this Rule,
shall be applied to protect the designated
ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply to land within one mile of and
that drains to the designated ORW
areas;
(B) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall be permitted such that the
following water quality standards are
maintained in the ORW segment:
(i) the total volume of treated
wastewater for all upstream
discharges combined shall
not exceed 50 percent of the
total instream flow in the
designated ORW under
7Q10 conditions, which are
defined in Rule .0206(a)(1)
of this Section;
(ii) a safety factor shall be
applied to any chemical
allocation such that the
effluent limitation for a
specific chemical constituent
shall be the more stringent of
either the limitation
allocated under design
conditions (pursuant to 15A
NCAC 02B .0206) for the
normal standard at the point
of discharge, or the
limitation allocated under
design conditions for
one-half the normal standard
at the upstream border of the
ORW segment;
(iii) a safety factor shall be
applied to any discharge of
complex wastewater (those
containing or potentially
containing toxicants) to
protect for chronic toxicity
in the ORW segment by
setting the whole effluent
toxicity limitation at the
higher (more stringent)
percentage effluent
determined under design
conditions (pursuant to 15A
NCAC 02B .0206) for either
the instream effluent
concentration at the point of
discharge or twice the
effluent concentration
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1645
calculated as if the discharge
were at the upstream border
of the ORW segment;
(C) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall comply with the following:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/1,
and NH3-N = 2 mg/1;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 10 mg/1
for trout waters and to 20
mg/1 for all other waters;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(5) Old Field Creek (New River Basin): the
undesignated portion of Old Field Creek (from
its source to Call Creek) shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section.
(6) In the following designated waterbodies, no
additional restrictions shall be placed on new
or expanded marinas. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges. The
Alligator River Area (Pasquotank River Basin)
extending from the source of the Alligator
River to the U.S. Highway 64 bridge including
New Lake Fork, North West Fork Alligator
River, Juniper Creek, Southwest Fork
Alligator River, Scouts Bay, Gum Neck Creek,
Georgia Bay, Winn Bay, Stumpy Creek Bay,
Stumpy Creek, Swann Creek (Swann Creek
Lake), Whipping Creek (Whipping Creek
Lake), Grapevine Bay, Rattlesnake Bay, The
Straits, The Frying Pan, Coopers Creek,
Babbitt Bay, Goose Creek, Milltail Creek,
Boat Bay, Sandy Ridge Gut (Sawyer Lake)
and Second Creek, but excluding the
Intracoastal Waterway (Pungo River-Alligator
River Canal) and all other tributary streams
and canals.
(7) In the following designated waterbodies, the
only type of new or expanded marina that shall
be allowed shall be those marinas located in
upland basin areas, or those with less than 10
slips, having no boats over 21 feet in length
and no boats with heads. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges.
(A) The Northeast Swanquarter Bay Area
including all waters northeast of a
line from a point at Lat. 35E 23N
51O and Long. 76E 21N 02O thence
southeast along the Swanquarter
National Wildlife Refuge hunting
closure boundary (as defined by the
1935 Presidential Proclamation) to
Drum Point.
(B) The Neuse-Southeast Pamlico Sound
Area (Southeast Pamlico Sound
Section of the Southeast Pamlico,
Core and Back Sound Area); (Neuse
River Basin) including all waters
within an area defined by a line
extending from the southern shore of
Ocracoke Inlet northwest to the
Tar-Pamlico River and Neuse River
basin boundary, then southwest to
Ship Point.
(C) The Core Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin),
including all waters of Core Sound
and its tributaries, but excluding
Nelson Bay, Little Port Branch and
Atlantic Harbor at its mouth, and
those tributaries of Jarrett Bay that
are closed to shellfishing.
(D) The Western Bogue Sound Section of
the Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from Bogue Inlet to
the mainland at SR 1117 to a line
across Bogue Sound from the
southwest side of Gales Creek to
Rock Point, including Taylor Bay and
the Intracoastal Waterway.
(E) The Stump Sound Area (Cape Fear
River Basin) including all waters of
Stump Sound and Alligator Bay from
marker Number 17 to the western end
of Permuda Island, but excluding
Rogers Bay, the Kings Creek
Restricted Area and Mill Creek.
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22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1646
(F) The Topsail Sound and Middle Sound
Area (Cape Fear River Basin)
including all estuarine waters from
New Topsail Inlet to Mason Inlet,
including the Intracoastal Waterway
and Howe Creek, but excluding Pages
Creek and Futch Creek.
(8) In the following designated waterbodies, no
new or expanded NPDES permitted discharges
and only new or expanded marinas with less
than 10 slips, having no boats over 21 feet in
length and no boats with heads shall be
allowed:
(A) The Swanquarter Bay and Juniper
Bay Area (Tar-Pamlico River Basin)
including all waters within a line
beginning at Juniper Bay Point and
running south and then west below
Great Island, then northwest to Shell
Point and including Shell Bay,
Swanquarter and Juniper Bays and
their tributaries, but excluding all
waters northeast of a line from a point
at Lat. 35E 23N 51O and Long. 76E
21N 02O thence southeast along the
Swanquarter National Wildlife
Refuge hunting closure boundary (as
defined by the 1935 Presidential
Proclamation) to Drum Point and also
excluding the Blowout Canal,
Hydeland Canal, Juniper Canal and
Quarter Canal.
(B) The Back Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin)
including that area of Back Sound
extending from Core Sound west
along Shackleford Banks, then north
to the western most point of Middle
Marshes and along the northwest
shore of Middle Marshes (to include
all of Middle Marshes), then west to
Rush Point on Harker's Island, and
along the southern shore of Harker's
Island back to Core Sound.
(C) The Bear Island Section of the
Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from the western
most point on Bear Island to the
northeast mouth of Goose Creek on
the mainland, east to the southwest
mouth of Queen Creek, then south to
green marker No. 49, then northeast
to the northern most point on Huggins
Island, then southeast along the
shoreline of Huggins Island to the
southeastern most point of Huggins
Island, then south to the northeastern
most point on Dudley Island, then
southwest along the shoreline of
Dudley Island to the eastern tip of
Bear Island.
(D) The Masonboro Sound Area (Cape
Fear River Basin) including all waters
between the Barrier Islands and the
mainland from Carolina Beach Inlet
to Masonboro Inlet.
(9) Black and South Rivers ORW Area (Cape
Fear River Basin) [Index Nos. 18-68-(0.5),
18-68-(3.5), 18-68-(11.5), 18-68-12-(0.5),
18-68-12-(11.5), and 18-68-2]: the following
management strategies, in addition to the
discharge requirements specified in
Subparagraph (c)(1) of this Rule, shall be
applied to protect the designated ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply to land within one mile of and
that drains to the designated ORW
areas;
(B) New or expanded NPDES permitted
wastewater discharges located one
mile upstream of the stream segments
designated ORW (upstream on the
designated mainstem and upstream
into direct tributaries to the
designated mainstem) shall comply
with the following discharge
restrictions:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/l
and NH3-N = 2 mg/l;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 20 mg/l;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(v) Toxic substances: In cases
where complex discharges
(those containing or
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22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1647
potentially containing
toxicants) may be currently
present in the discharge, a
safety factor shall be applied
to any chemical or whole
effluent toxicity allocation.
The limit for a specific
chemical constituent shall be
allocated at one-half of the
normal standard at design
conditions. Whole effluent
toxicity shall be allocated to
protect for chronic toxicity
at an effluent concentration
equal to twice that which is
acceptable under flow design
criteria (pursuant to 15A
NCAC 02B .0206).
(10) Lake Waccamaw ORW Area (Lumber River
Basin) [Index No. 15-2]: all undesignated
waterbodies that are tributary to Lake
Waccamaw shall comply with Paragraph (c) of
this Rule in order to protect the designated
waters as per Rule .0203 of this Section.
(11) Swift Creek and Sandy Creek ORW Area
(Tar-Pamlico River Basin) [portion of Index
No. 28-78-(0.5) and Index No. 28-78-1-(19)]:
all undesignated waterbodies that drain to the
designated waters shall comply with Paragraph
(c) of this Rule in order to protect the
designated waters as per Rule .0203 of this
Section and to protect outstanding resource
values found in the designated waters as well
as in the undesignated waters that drain to the
designated waters.
(12) Fontana Lake North Shore ORW Area (Little
Tennessee River Basin and Savannah River
Drainage Area) [Index Nos. 2-96 through 2-
164 (excluding all waterbodies that drain to
the south shore of Fontana Lake) consists of
the entire watersheds of all creeks that drain to
the north shore of Fontana Lake between
Eagle and Forney Creeks, including Eagle and
Forney Creeks. In addition to the
requirements specified in Subparagraph (c)(1)
of this Rule, any person conducting
development activity disturbing greater than or
equal to 5,000 square feet of land area in the
designated ORW area shall undertake the
following actions to protect the outstanding
resource values of the designated ORW and
downstream waters:
(A) investigate for the presence of and
identify the composition of acid-producing
rocks by exploratory
drilling or other means and
characterize the net neutralization
potential of the acid-producing rocks
prior to commencing the land-disturbing
activity;
(B) avoid areas to the maximum extent
practical where acid-producing rocks
are found with net neutralization
potential of –5 or less;
(C) establish background levels of acidity
and mineralization prior to
commencing land-disturbing activity,
and monitor and maintain baseline
water quality conditions for the
duration of the land-disturbing
activity and for any period thereafter
not less than two years as determined
by the Division as part of a
certification issued in accordance
with 15A NCAC 02H .0500 or
stormwater permit issued pursuant to
this Rule;
(D) obtain a National Pollutant Discharge
Elimination System permit for
construction pursuant to Rule 15A
NCAC 02H .0126 prior to initiating
land-disturbing activity;
(E) design stormwater control systems to
control and treat stormwater runoff
generated from all surfaces generated
by one inch of rainfall in accordance
with 15A NCAC 02H. 1008; and
(F) replicate pre-development runoff
characteristics and mimic the natural
and unique hydrology of the site, post
development.
(13) Horsepasture River ORW Area (Savannah
Drainage Area) [Index No. 4-13-(0.5) and
Index No. 4-13-(12.5)]: all undesignated
waterbodies that are located within the
Horsepasture River watershed shall comply
with Paragraph (c) of this Rule in order to
protect the designated waters as per Rule .0203
of this Section and to protect outstanding
resource values found throughout the
watershed.
Authority G.S. 143-214.1; S.L. 2005-97.
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
15A NCAC 02B .0303 LITTLE TENN RIVER BASIN
AND SAVANNAH RIVER DRAINAGE AREA
(a) The Little Tenn River Basin and Savannah River Drainage
Area Schedule of Classifications and Water Quality Standards
may be inspected at the following places:
(1) the Internet at http://h2o.enr.state.nc.us/csu/;
and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Asheville Regional Office
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22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1648
2090 US Highway 70
Swannanoa, North Carolina
(B) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Georgia or
Tennessee shall be classified "C Tr." Such streams in the
Savannah River drainage area entering South Carolina shall be
classified "B Tr."
(c) The Little Tennessee River Basin and Savannah River
Drainage Area Schedule of Classifications and Water Quality
Standards was amended effective:
(1) February 16, 1977;
(2) March 1, 1977;
(3) July 13, 1980;
(4) February 1, 1986;
(5) October 1, 1987;
(6) March 1, 1989;
(7) January 1, 1990;
(8) July 1, 1990;
(9) August 1, 1990;
(10) March 1, 1991;
(11) August 3, 1992;
(12) February 1, 1993;
(13) August 1, 1994;
(14) September 1, 1996;
(15) August 1, 1998;
(16) August 1, 2000;
(17) April 1, 2003;
(18) January 1, 2007;
(19) November 1, 2007.2007;
(20) September 1, 2008.
(d) The Schedule of Classifications of Water Quality Standards
for the Little Tennessee Basin and Savannah River Drainage
Area was amended effective March 1, 1989 as follows:
(1) Nantahala River (Index No. 2-57) from source
to the backwaters of Nantahala Lake and all
tributary waters were reclassified from Class
B-trout, Class C-trout and Class C to Class
B-trout ORW, Class C-trout ORW and Class C
ORW.
(2) Chattooga River (Index No. 3) including
Scotsman Creek, Overflow Creek, Big Creek,
Talley Mill Creek and all tributary waters were
reclassified from Class B-trout, Class C-trout
and Class C to Class B-trout ORW, Class
C-trout ORW and Class C ORW and Clear
Creek and all tributary waters were reclassified
from Class C-trout and Class C to Class
B-trout and Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective January 1, 1990 as
follows:
(1) North Fork Coweeta Creek (Index No. 2-10-4)
and Falls Branch (Index No. 2-10-4-1) were
reclassified from Class C to Class B.
(2) Burningtown Creek (Index No. 2-38) was
reclassified from C-trout to B-trout.
(f) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective July 1, 1990 by the
reclassification of Alarka Creek (Index No. 2-69) from source to
Upper Long Creek (Index No. 2-69-2) including all tributaries
from Classes C and C Tr to Classes C HQW and C Tr HQW.
(g) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective March 1, 1991 as
follows:
(1) Cartoogechaye Creek [Index Nos. 2-19-(1) and
2-19-(16)] from Gibson Cove Branch to bridge
at U.S. Hwy. 23 and 441 and from the bridge
at U.S. Hwy. 23 and 441 to the Little
Tennessee River was reclassified from Classes
WS-III Tr and C Tr to Classes WS-III and B
Tr and B Tr respectively.
(2) Coweeta Creek (Index Nos. 2-10) from its
source to the Little Tennessee River including
all tributaries except Dryman Fork (Index No.
2-10-3) and North Fork Coweeta Creek (Index
No. 2-10-4) was reclassified from Classes C
and C Tr to Classes B and B Tr.
(h) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective August 3, 1992
with the reclassification of all water supply waters (waters with a
primary classification of WS-I, WS-II or WS-III). These waters
were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as
defined in the revised water supply protection rules, (15A
NCAC 2B .0100, .0200 and .0300) which became effective on
August 3, 1992. In some cases, streams with primary
classifications other than WS were reclassified to a WS
classification due to their proximity and linkage to water supply
waters. In other cases, waters were reclassified from a WS
classification to an alternate appropriate primary classification
after being identified as downstream of a water supply intake or
identified as not being used for water supply purposes.
(i) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area has been amended effective February 1, 1993 as
follows:
(1) Bearwallow Creek from its source to 2.3 miles
upstream of the Toxaway River [Index No. 4-
7-(1)] was revised to indicate the application
of an additional management strategy
(referencing 15A NCAC 02B .0201(d) to
protect downstream waters; and
(2) the Tuckaseegee River from its source to
Tennessee Creek [Index No. 2-79-(0.5)]
including all tributaries was reclassified from
Classes WS-III&B Tr HQW, WS-III HQW
and WS-III to Classes WS-III Tr ORW and
WS-III ORW.
(j) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective August 1, 1994 with the
PROPOSED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1649
reclassification of Deep Creek [Index Nos. 2-79-63-(1) and 2-
79-63-(16)] from its source to the Great Smokey Mountains
National Park Boundary including tributaries from Classes C Tr,
B Tr and C Tr HQW to Classes WS-II Tr and WS-II Tr CA.
(k) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended effective September 1, 1996
as follows:
(1) Deep Creek from the Great Smoky Mountains
National Park Boundary to the Tuckasegee
River [Index no. 2-79-63-(21)] was
reclassified from Class C Tr to Class B Tr; and
(2) the Tuckasegee River from the West Fork
Tuckasegee River to Savannah Creek and from
Macks Town Branch to Cochran Branch
[Index Nos. 2-79-(24), 2-79(29.5) and 2-79-
(38)] was reclassified from Classes WS-III Tr,
WS-III Tr CA and C to Classes WS-III&B Tr,
WS-III&B Tr CA and B.
(l) The Schedule of Classifications and Water Quality Standards
for the Little Tennessee River Basin and Savannah River
Drainage Area was amended effective August 1, 1998 with the
reclassifications of Thorpe Reservoir (Lake Glenville),
Hurricane Creek, and Laurel Branch [Index Nos. 2-79-23-(1), 2 -
79-23-2, and 2-79-23-2-1 respectively] from classes WS-III&B,
WS-III Tr and WS-III to classes WS-III&B HQW, WS-III Tr
HQW, and WS-III HQW.
(m) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended August 1, 2000 with the
reclassification of Wesser Creek [Index No. 2-79-52-5-1] from
its source to Williams Branch from Class C to Class C Tr.
(n) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended April 1, 2003 with the
reclassification of a portion of the Little Tennessee River [Index
No. 2-(1)] from a point 0.4 mile upstream of N.C. Highway 28
to Nantahala River Arm of Fontana Lake from Class C to Class
B.
(o) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended January 1, 2007 with the
reclassification of the entire watersheds of all creeks that drain to
the north shore of Fontana Lake between Eagle and Forney
Creeks, including Eagle and Forney Creeks, [Index Nos. 2-96
through 2-164 (excluding all waterbodies that drain to the south
shore of Fontana Lake)] from Class B, C Tr, WS-IV Tr CA, WS-IV
Tr, and WS-IV & B CA to Class B ORW, C Tr ORW, WS-IV
Tr ORW CA, WS-IV Tr ORW, and WS-IV & B ORW CA,
respectively. Additional site-specific management strategies are
outlined in Rule 15A NCAC 02B .0225(e)(12).
(p) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was ameneded effective November 1, 2007
with the reclassification of Richland Balsam Seep near
Beechflat Creek [Index No. 2-79-28-3-2] to Class WL UWL as
defined in 15A NCAC 02B. 0101. The Division of Water
Quality maintains a Geographic Information Systems data layer
of the UWL.
(q) The Schedule of Classifications and Water Quality
Standards for the Little Tennessee River Basin and Savannah
River Drainage Area was amended September 1, 2008 with the
reclassification of the watershed of the lower portion of the
Horsepasture River [Index Number 4-13-(12.5)] from N.C. 281
(Bohaynee Road) to the NC-SC state line from Class B Tr to
Class B Tr ORW, and the watershed of the upper portion of the
Horsepasture River [Index Number 4-13-(0.5)] from source to
N.C. 281 (Bohaynee Road) to include only the ORW
management strategy as represented by "+". The "+" symbol as
used in this paragraph means that all undesignated waterbodies
that are located within the watershed of the upper portion of
Horsepasture River shall comply with Paragraph (c) of Rule
.0225 of this Subchapter in order to protect the designated waters
as per Rule .0203 of this Subchapter and to protect outstanding
resource values found throughout the entire Horsepasture River
watershed.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); S.L.
2005-97.
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22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1650
Note from the Codifier: The rules published in this Section of the NC Register are temporary rules reviewed and approved by the
Rules Review Commission (RRC) and have been delivered to the Codifier of Rules for entry into the North Carolina Administrative
Code. A temporary rule expires on the 270th day from publication in the Register unless the agency submits the permanent rule to the
Rules Review Commission by the 270th day.
This section of the Register may also include, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1
and 26 NCAC 02C .0500 for adoption and filing requirements.
TITLE 02 – DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Rule-making Agency: NC Gasoline and Oil Inspection Board
Rule Citation: 02 NCAC 42 .0201
Effective Date: March 14, 2008
Date Approved by the Rules Review Commission: March 6,
2008
Reason for Action: P.L. 110-140 establishes a mandatory
renewable fuel standard that will require fuel producers to use
at least 36 billion gallons of biofuel by 2022. In 2008, this is
expected to increase demand for ethanol from 5.4 billion gallons
to 9 billion gallons. In order to meet this demand in cost-effective
manner and without disruption of fuel supplies, it will
be necessary to blend large quantities of gasoline and ethanol.
While the existing 02 NCAC 42 .0201 permits blending, it does
not provide for variances from certain fuel specifications which
may occur with ethanol blends. This serves as a disincentive for
fuel suppliers to permit their products to be used in blending by
distributors, and could lead to disruption of supplies with the
increased demand for biofuel. The proposed amendments to this
rule would facilitate ethanol blending by allowing variances
from certain fuel specifications for fuel blends of up to ten
percent ethanol. With the passage of P.L. 110-140, fuel
producers and distributors are required to nearly double the use
of biofuels, such as ethanol blends, in 2008. The existing 02
NCAC 42 .0201 is an impediment to meeting the biofuel mandate
in North Carolina. Other states have already made changes in
their fuel specification standards to facilitate ethanol blending.
Any delays in doing so in North Carolina could disrupt fuel
supplies, increase fuel costs for North Carolina consumers, and
place North Carolina at an economic disadvantage to other
states. The proposed change will not impose any additional
requirements on any person or firm affected by the rule. It will
allow for variances from fuel specifications while still ensuring
that motor fuels meet or exceed performance standards.
CHAPTER 42 - GASOLINE AND OIL INSPECTION
BOARD
SECTION .0200 - QUALITY OF LIQUID FUEL
PRODUCTS
02 NCAC 42 .0201 STANDARD SPECIFICATIONS
(a) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-4814, "Standard
Specification for Automotive Spark-Ignition Engine Fuel" as
standard specification for gasoline with the following
modifications:
(1) Applications for temporary exceptions to
vapor pressure and vapor/liquid ratio
specifications as provided in this
Subparagraph may be made to the director.
Said applications shall contain evidence
satisfactory to the director that outlets
marketing gasoline in North Carolina cannot
feasibly be supplied from bulk terminals
furnishing specified volatility level gasoline or
that customary sources of supply have been
temporarily interrupted by product shortage
and alternate sources furnishing specified
volatility level gasoline are not available.
Such temporary exceptions granted shall apply
only until the next meeting of the board at
which time the board shall establish the
duration of the exception;
(2) The minimum lead content for gasoline
registered or labeled as "leaded" or "regular"
shall be as defined in Rule .0102 of this
Chapter;
(3) Vapor pressure and vapor/liquid ratio seasonal
specifications as listed in this Subparagraph
may be extended for a maximum period of 15
days to allow for the disbursement of old
stocks. However, new stocks of a higher
volatility classification shall not be offered for
retail sale prior to the effective date of the
higher volatility classification.
(b) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-4814, "Standard
Specification for Automotive Spark-Ignition Engine Fuel" as
standard specification for alcohol blends with the following
modifications:
(1) A vapor pressure tolerance not exceeding one
pound per square inch;
(2) Vapor pressure and vapor/liquid ratio seasonal
specifications as listed in this Subparagraph
may be extended for a maximum period of 15
days to allow for the disbursement of old
stocks. However, new stocks of a higher
volatility classification shall not be offered for
retail sale prior to the effective date of the
higher volatility classification;
(3) Applications for temporary exceptions to
vapor pressure and vapor/liquid ratio
specifications as provided in this
Subparagraph may be made to the director.
Said applications shall contain evidence
TEMPORARY RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1651
satisfactory to the director that outlets
marketing gasoline in North Carolina cannot
feasibly be supplied from bulk terminals
furnishing specified volatility level gasoline or
that customary sources of supply have been
temporarily interrupted by product shortage
and alternate sources furnishing specified
volatility level gasoline are not available.
Such temporary exceptions granted shall apply
only until the next meeting of the board at
which time the board shall establish the
duration of the exception;
(4) The minimum temperature at 50 percent
evaporated shall be 158 degrees F. (70 degrees
C.) 150 degrees F (66 degrees C) as
determined by ASTM Test Method D-86;
(5) The minimum lead content for
gasoline/oxygenate blends registered or
labeled as "leaded" or "regular" shall be as
defined in Rule .0102 of this Chapter;
(6) Octane rating shall not be less than the octane
index certified on the brand name registration
as required by 2 NCAC 42 .0500;
(7) All blends, both leaded and unleaded, shall be
blended according to the EPA "Substantially
Similar" rule or an EPA waiver for unleaded
fuel;
(8) Water tolerance shall be such that no phase
separation occurs when subjected to a
temperature equal to the temperatures
specified in Table 4, ASTM D-4814. D-4814;
(9) The vapor/liquid ratio specification is waived
for ethanol blends of up to 10 percent.
(c) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-975, "Standard
Specification for Diesel Fuel Oils" as standard specification for
diesel motor fuels with the following modification: For diesel
motor fuel grade 2-D, the minimum flash point as determined by
ASTM Test Method D-56 shall be 115 degrees F. (46 degrees
C.).
(d) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-396, "Standard
Specification for Fuel Oils" as standard specification for fuel
oils.
(e) The Board hereby adopts by reference, including subsequent
amendments and editions, ASTM D-3699, "Standard
Specification for Kerosene" as standard specification for
kerosenes with the following modification: For grade 2-K, the
presence or absence of coloring matter shall in no way be
determinative of whether a substance meets the requirements of
this grade of kerosene.
(f) In addition to meeting all specification requirements as set
forth in this Rule, each fuel must be suitable for the intended
use.
(g) ASTM documents adopted by reference herein are available
for inspection in the Office of the Director of the Standards
Division and may be obtained from ASTM, 1916 Race Street,
Philadelphia, PA 19103, at a cost determined by ASTM.
History Note: Authority G.S. 119-26; 119-26.1; 150B-14;
Eff. December 1, 1981;
Amended Eff. September 1, 1992; May 1, 1990; March 1, 1989;
June 1, 1987;
Temporary Amendment Eff. March 14, 2008.
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1652
This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The
rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was
required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-
21.17.
Rules approved by the Rules Review Commission at its meeting on February 21, 2008.
REGISTER CITATION TO THE
NOTICE OF TEXT
ADMINISTRATION, DEPARTMENT OF
Scope 01 NCAC 44A .0101* 22:08 NCR
Definitions 01 NCAC 44A .0102* 22:08 NCR
Application 01 NCAC 44A .0201 22:08 NCR
Documentation 01 NCAC 44A .0202* 22:08 NCR
Approval 01 NCAC 44A .0203* 22:08 NCR
Duration 01 NCAC 44A .0204* 22:08 NCR
Changes in Ownership or Management and
Control
01 NCAC 44A .0205 22:08 NCR
Denial 01 NCAC 44A .0206* 22:08 NCR
Renewal 01 NCAC 44A .0207 22:08 NCR
Inactivity 01 NCAC 44A .0208* 22:08 NCR
Challenge Initiation 01 NCAC 44A .0401 22:08 NCR
HUB Office Investigation 01 NCAC 44A .0402 22:08 NCR
Determination 01 NCAC 44A .0403 22:08 NCR
HUB Status During Challenge 01 NCAC 44A .0404 22:08 NCR
Reasons for Revocation 01 NCAC 44A .0501 22:08 NCR
Notice 01 NCAC 44A .0502* 22:08 NCR
Review 01 NCAC 44A .0601* 22:08 NCR
Contents 01 NCAC 44A .0602* 22:08 NCR
Criteria 01 NCAC 44A .0603 22:08 NCR
Decision 01 NCAC 44A .0604* 22:08 NCR
Status Pending Review 01 NCAC 44A .0605 22:08 NCR
Appeal 01 NCAC 44A .0606 22:08 NCR
INSURANCE, DEPARTMENT OF
Licensing of Business Entities 11 NCAC 06A .0413* 22:08 NCR
Time for Appeal and Documents Required 11 NCAC08 .1501* 22:10 NCR
Service on Local Authority 11 NCAC08 .1502* 22:10 NCR
Response by Local Authority 11 NCAC08 .1503* 22:10 NCR
Review of Local Authority Decision 11 NCAC08 .1504* 22:10 NCR
Administrative and Judicial Review 11 NCAC08 .1505* 22:10 NCR
PRIVATE PROTECTIVE SERVICES BOARD
Experience Requirements for A P.S.E.
License
12 NCAC 07D .0601* 21:06 NCR
APPROVED RULES
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1653
Application/Armed Security Guard Firearm 12 NCAC 07D .0801* 22:02 NCR
ALCOHOL LAW ENFORCEMENT
SCOPE 14A NCAC12 .0101 22:08 NCR
Definitions 14A NCAC12 .0102* 22:08 NCR
North Carolina State Boxing Authority
Section of the ALE Division
14A NCAC 12 .0103* 22:08 NCR
Drugs and Foreign Substances 14A NCAC12 .0201* 22:08 NCR
Physical Examination 14A NCAC12 .0301* 22:08 NCR
Permits 14A NCAC12 .0401* 22:08 NCR
Licensing Requirements 14A NCAC12 .0402* 22:08 NCR
Duties of Contestants 14A NCAC12 .0403* 22:08 NCR
Duties of Promoters & Matchmakers 14A NCAC12 .0404* 22:08 NCR
Duties of Managers 14A NCAC12 .0405* 22:08 NCR
Duties of Referees 14A NCAC12 .0406* 22:08 NCR
Duties of Judges 14A NCAC12 .0407* 22:08 NCR
Duties of Announcers 14A NCAC12 .0408* 22:08 NCR
Duties of Timekeepers 14A NCAC12 .0409* 22:08 NCR
Duties of Seconds 14A NCAC12 .0410* 22:08 NCR
Duties of Trainers 14A NCAC12 .0411* 22:08 NCR
Duties of Physicians 14A NCAC12 .0412* 22:08 NCR
Contracts and Financial Arrangements 14A NCAC12 .0413* 22:08 NCR
Weigh-Ins-Boxing 14A NCAC12 .0501* 22:08 NCR
Equipment-Boxing 14A NCAC12 .0502* 22:08 NCR
Scoring-Boxing 14A NCAC12 .0503* 22:08 NCR
Fouls-Boxing 14A NCAC12 .0504* 22:08 NCR
Weigh-Ins-Kickboxing 14A NCAC12 .0601* 22:08 NCR
Equipment-Kickboxing 14A NCAC12 .0602* 22:08 NCR
Scoring-Kickboxing 14A NCAC12 .0603* 22:08 NCR
Fouls-Kickboxing 14A NCAC12 .0604* 22:08 NCR
Amateurs-Kickboxing 14A NCAC12 .0605* 22:08 NCR
Toughman Match 14A NCAC12 .0701* 22:08 NCR
Weigh-Ins-Mixed Martial Arts 14A NCAC12 .0801* 22:08 NCR
Appearance-Mixed Martial Arts 14A NCAC12 .0802* 22:08 NCR
Handwraps-Mixed Martial Arts 14A NCAC12 .0803* 22:08 NCR
Gloves-Mixed Martial Arts 14A NCAC12 .0804* 22:08 NCR
Ring Requirements-Mixed Martial Arts 14A NCAC12 .0805* 22:08 NCR
Number of Rounds-Mixed Martial Arts 14A NCAC12 .0806* 22:08 NCR
Seconds Duties-Mixed Martial Arts 14A NCAC12 .0807* 22:08 NCR
Scoring-Mixed Martial Arts 14A NCAC12 .0808* 22:08 NCR
Fouls-Mixed Martial Arts 14A NCAC12 .0809* 22:08 NCR
Amateurs-Mixed Martial Arts 14A NCAC12 .0810* 22:08 NCR
Suspension-Mixed Martial Arts 14A NCAC12 .0811* 22:08 NCR
ENVIRONMENTAL MANAGEMENT COMMISSION
Scope and Purpose 15A NCAC 02C .0301* 22:08 NCR
APPROVED RULES
22:19 NORTH CAROLINA REGISTER APRIL 1, 2008
1654
Definitions 15A NCAC 02C .0302* 22:08 NCR
Application for Construction Permit 15A NCAC 02C .0303* 22:08 NCR
Permitting 15A NCAC 02C .0304* 22:08 NCR
Grout Inspection: Certification 15A NCAC 02C .0305* 22:08 NCR
Well Completion and Certification 15A NCAC 02C .0306* 22:08 NCR
Well Data and Records 15A NCAC 02C .0307* 22:08 NCR
Appeal Procedure 15A NCAC 02C .0308 22:08 NCR
Permit and Application Fees 15A NCAC 02Q .0203 22:08 NCR
Inflation Adjustment 15A NCAC 02Q .0204 22:08 NCR
SOIL AND WATER CONSERVATION COMMISSION
Definitions for Subchapter 06E 15A NCAC 06E .0102* 22:09 NCR
Cost Share and Incentive Payments 15A NCAC 06E .0105 22:09 NCR
District Program Operation 15A NCAC 06E .0108* 22:09 NCR
District Program Operation 15A NCAC 06I .0108* 22:09 NCR
WILDLIFE RESOURCES COMMISSION
Safety Equipment 15A NCAC 10F .0201* 22:01 NCR
NC MEDICAL BOARD/PERFUSION ADVISORY COMMITTEE
Fees 21 NCAC 32V .0115 22:08 NCR
FUNERAL SERVICE, BOARD OF
Definitions 21 NCAC 34B .0407* 22:08 NCR
Course Accreditation Standards 21 NCAC 34B .0409* 22:08 NCR
General Course Approval 21 NCAC 34B .0411* 22:08 NCR
Accreditation of Prerecorded Programs and
Live Programs B...
21 NCAC 34B .0413* 22:08 NCR
Accreditation of Computer-Based CE 21 NCAC 34B .0414* 22:08 NCR
OCCUPATIONAL THERAPY, BOARD OF
Continuing Duty to Report Certain Crimes
and Civil Suits
21 NCAC 38 .0305* n/a G.S. 150B-21.5(b)(1)
PSYCHOLOGY BOARD
Criminal History Record Check 21 NCAC54 .1612* 22:07 NCR
Information Required 21 NCAC54 .1701* 22:07 NCR
Senior Psychologist 21 NCAC54 .1707* 22:07 NCR
Reinstatement 21 NCAC54 .2103* 22:07 NCR
HSP-PA Requirements 21 NCAC54 .2706 22:07 NCR
RESPIRATORY CARE BOARD
Fees 21 NCAC61 .0204* 22:10 NCR
Inactive Status 21 NCAC61 .0305 22:10 NCR
APPROVED RULES
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TITLE 01 – DEPARTMENT OF ADMINISTRATION
01 NCAC 44A .0101 SCOPE
The rules in this Subchapter are used to determine if a business
is a minority business in accordance with G.S. 143-128.2.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0102 DEFINITIONS
As used in this Subchapter, the following terms have the
following definitions:
(1) "HUB" means Historically Underutilized
Business.
(2) "HUB Certification" means the determination
of a vendor's eligibility as a HUB.
(3) "HUB Office" means the Department of
Administration's Office for Historically
Underutilized Businesses.
(4) "IRS" means the United States Internal
Revenue Service.
(5) "Person" means a natural person, and does not
include a corporation or other business entity.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0201 APPLICATION
A business shall complete the following steps to initiate an
application for certification:
(1) The business shall complete an application
using the Vendor Link NC system
http://www.ips.state.nc.us/ips/Vendor/vndrtips
.asp;
(2) The business shall complete, sign and attest to
the information submitted online in the Vendor
Link NC system; and
(3) The application is not complete until an
Affidavit for Certification is received by the
HUB Office.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0202 DOCUMENTATION
(a) HUB staff shall request documentation to establish the
ownership, management, and control of daily business
operations of the business pursuant to Rule .0301 this
Subchapter.
(b) If the documentation provided by the business does not
demonstrate ownership, management and control of daily
business operations by the business, HUB Office staff shall
conduct a site visit.
(c) The HUB Office shall not consider organizational changes
made to the business during the eligibility determination process.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0203 APPROVAL
(a) The HUB Office shall grant HUB Certification if the
business meets the definition of minority business found at G.S.
143-128.4(a1) and 143-128.2(g).
(b) The business shall log on to the Vendor Link system at least
once during each 12 month period.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0204 DURATION
Certification remains in effect for two years unless there is a
change in the business ownership, management or control of
daily business operations that affects the HUB status.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0205 CHANGES IN OWNERSHIP OR
MANAGEMENT AND CONTROL
HUB vendors shall notify the HUB Office in writing of any
changes in the ownership or the management and control of
daily business operations of their companies within 30 days of
the changes.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0206 DENIAL
(a) The HUB Office shall deny HUB Certification if the
business does not meet the definition of minority business found
at G.S. 143-128.2(g)(1) or 143-128.4(a1).
(b) If the business wishes to submit a new request for HUB
Certification it may do so after a period of 12 months from the
date of denial.
(c) Vendors who are denied HUB Certification have a right to
review pursuant to Section .0600 of this Subchapter.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0207 RENEWAL
(a) To renew HUB certification the HUB shall attest that there
have been no changes in the ownership or the management and
control of daily business operations of the business entity since
the last certification or renewal.
(b) If there has been a change in the ownership or the
management and control of daily business operations of the
business entity, the HUB shall submit documentation detailing
the change(s) within 30 days of the change.
(c) In the on-line Vendor Link system, HUB status is "Inactive"
if the vendor fails to update or submit necessary documentation.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
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01 NCAC 44A .0208 INACTIVITY
The Vendor Link system automatically removes those vendor
profiles that have been inactive for 12 months.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0401 CHALLENGE INITIATION
A third party may challenge, by notarized affidavit, the HUB
certification of any business. The challenge shall include
detailed reasons or evidence for the challenge.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0402 HUB OFFICE INVESTIGATION
Once a challenge has been initiated, the HUB Office shall
investigate by requesting additional data and conducting an on-site
review at the business location.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0403 DETERMINATION
The HUB Office shall notify the challenger and HUB in writing
of the outcome of the investigation.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0404 HUB STATUS DURING
CHALLENGE
The HUB certification status shall remain in effect during the
challenge process.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0501 REASONS FOR REVOCATION
HUB Certification shall be revoked for any of the following
reason(s):
(1) The business makes changes to the ownership
or management and daily business operations
of the company that render it no longer a
HUB;
(2) The HUB Office determines that the business
is not a HUB;
(3) The business is ineligible to contract with the
State of North Carolina pursuant to 143-59.2;
or
(4) The business fails to notify the HUB Office
within 30 days of any changes in ownership or
management and control of daily business
operations.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0502 NOTICE
(a) The HUB Office shall notify the business in writing by
certified mail of the decision to revoke HUB Certification and
shall state the reason(s) for revocation.
(b) The HUB Office shall advise the HUB of its right to a
review and give the business 21 business days in which to
exercise this right.
(c) If no review is requested, revocation of the HUB's status
shall be enforced.
(d) The vendor may reapply for HUB certification 12 months
from the date of the revocation notice.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0601 REVIEW
To exercise a right of review, a review request shall be made in
writing and addressed to the HUB Office Director within 21
business days of the date of the denial or revocation notice.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0602 CONTENTS
The review request shall state the specific reason(s) why the
denial or revocation was improper based on the HUB eligibility
requirements and the documentation submitted.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0603 CRITERIA
The HUB Director shall consider and base the decision on the
eligibility requirements.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0604 DECISION
The HUB Director shall render a written decision within 45
business days of receipt of the request.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0605 STATUS PENDING REVIEW
The HUB certification status remains in effect pending a review.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
01 NCAC 44A .0606 APPEAL
The business may file a contested case with the Office of
Administrative Hearings pursuant to G.S. 150B-23 if it is not
satisfied with the decision of the Director.
History Note: Authority G.S. 143-48.4; 143-128.4;
Eff. March 1, 2008.
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TITLE 11 – DEPARTMENT OF INSURANCE
11 NCAC 06A .0413 LICENSING OF BUSINESS
ENTITIES
A business entity shall notify the Division of the addition or
deletion of an agent or insurance company within 30 days after
the change.
History Note: Authority G.S. 58-2-40; 58-33-31;
Eff. February 1, 1989;
Amended Eff. April 1, 2003; February 1, 1996; October 1, 1990;
Amended Eff. March 1, 2008.
* * * * * * * * * * * * * * * * * * * *
11 NCAC 08 .1501 TIME FOR APPEAL AND
DOCUMENTS REQUIRED
Within 30 days after the date a local authority having
jurisdiction ("local authority") notifies a designer or owner-representative
that the local authority has decided that an
alternative design and construction proposed by the designer or
owner-representative violates the North Carolina State Building
Code ("Code"), the designer or owner-representative may appeal
the decision in writing to the N.C. Department of Insurance,
Engineering Division, 1201 Mail Service Center, Raleigh, NC
27699-1201. The designer or owner-representative shall provide
the Engineering Division with all construction documents
pertaining to the alternative design and construction, including
supporting language, drawings, and descriptions.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1502 SERVICE ON LOCAL
AUTHORITY
The designer or owner-representative shall provide the local
authority with a written notice of the appeal and copies of all
documents the designer or owner-representative provides to the
Engineering Division in accordance with Rule .1501 of this
Section. The notice of appeal and the documents shall be sent to
the local authority and the Engineering Division by certified
mail, return receipt requested.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1503 RESPONSE BY LOCAL
AUTHORITY
Within five business days after the date the appeal is received by
the Engineering Division, the local authority may file a response
to the appeal with the Engineering Division at the same address
in Rule .1501 of this Section.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1504 REVIEW OF LOCAL
AUTHORITY DECISION
(a) If the Engineering Division determines that the requested
alternative design and construction does not conform to the
requirements of the Code, and does not provide the equivalent
level of protection of public health, safety, and welfare
prescribed by the Code, the Engineering Division shall uphold
the determination by the local authority.
(b) If the Engineering Division determines that the requested
alternative design and construction does not conform to the
requirements of the Code, but does provide the equivalent level
of protection of public health, safety, and welfare prescribed by
the Code, the Engineering Division shall overrule the
determination by the local authority. The designer or owner-representative
may then use the alternative design and
construction.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
11 NCAC 08 .1505 ADMINISTRATIVE AND
JUDICIAL REVIEW
A party that is aggrieved by the determination of the
Engineering Division may appeal to the Building Code Council
pursuant to G.S. 143-141.
History Note: Authority G.S. 143-140.1;
Eff. March 1, 2008.
TITLE 12 – DEPARTMENT OF JUSTICE
12 NCAC 07D .0601 EXPERIENCE REQUIREMENTS
FOR A PSYCHOLOGICAL STRESS EVALUATOR
LICENSE
(a) In addition to the requirements of 12 NCAC 07D .0200,
applicants for a Psychological Stress Evaluator license shall
successfully complete a course of instruction at any P.S.E.
school approved by the Board.
(b) A P.S.E. school must consist of not less than 40 hours of
actual classroom instruction in psychological stress evaluation.
History Note: Authority G.S. 74C-5;
Eff. June 1, 1984;
Amended Eff. March 1, 2008.
12 NCAC 07D .0801 APPLICATION/ARMED
SECURITY GUARD FIREARM REGISTRATION
PERMIT
(a) Each armed security guard employer or his designee shall
submit and sign an application form for the registration of each
armed security guard applicant to the Board. This form shall be
accompanied by:
(1) two sets of classifiable fingerprints on an
applicant fingerprint card;
(2) two head and shoulders color photographs of
the applicant sufficient quality for
identification, one inch by one inch in size;
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(3) certified statement of the result of a criminal
records search from the clerk of superior court
in each county where the applicant has resided
within the immediate preceding 48 months. If
the applicant has resided out of state within the
immediate preceding 48 months, the applicant
shall provide a certified statement of the result
of a criminal records search from the
appropriate governmental authority housing
criminal record information in each area where
the applicant has resided within the immediate
preceding 48 months;
(4) the applicant's non-refundable registration fee;
and
(5) a statement signed by a certified trainer that
the applicant has successfully completed the
training requirements of 12 NCAC 07D .0807;
(6) a certification by the applicant that he or she is
at least 21 years of age.
(b) The employer of each applicant for registration shall give
the applicant a copy of the application and shall retain a copy of
the application in the individual's personnel file in the
employer's office.
(c) The applicant's copy of the application shall serve as a
temporary registration card which shall be carried by the
applicant when he is within the scope of his employment and
which shall be exhibited upon the request of any law
enforcement officer or authorized representative of the Board.
(d) Applications submitted without proof of completion of a
Board approved firearms training course shall not serve as
temporary registration cards unless the contract security
company or proprietary security organization has obtained prior
approval from the Director. The Director shall grant prior
approval if the contract security company or proprietary security
organization provides proof satisfactory to the Director that the
applicant has received prior firearms training.
(e) The provisions of Paragraphs (a), (b), and (c) of this Rule
also apply to any employee whose employment is terminated
within 30 days of employment.
History Note: Authority G.S. 74C-5; 74 C-9; 74C-13;
Eff. June 1, 1984;
Amended Eff. April 1, 2008; August 1, 1998; December 1, 1995;
February 1, 1990; May 1, 1988; July 1, 1987.
TITLE 14A – DEPARTMENT OF CRIME CONTROL AND
PUBLIC SAFETY
14A NCAC 12 .0101 SCOPE
The rules in this Chapter implement the provisions of G.S. 143,
Article 68 of the North Carolina General Statutes, and establish
the regulations and standards set forth by the Boxing Authority
Section of the Alcohol Law Enforcement Division of the North
Carolina Department of Crime Control and Public Safety
relative to the conduct, promotion, and performances of boxing,
kickboxing, toughman or mixed martial arts matches held in
North Carolina.
History Note: Authority G.S. 143-652.1;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. March 1, 2008; October 1, 2004.
14A NCAC 12 .0102 DEFINITIONS
The definitions contained in G.S. 143-651 apply to the rules in
this Chapter in addition to the following:
(1) "Cage" means a fenced enclosure in which
promotional organizations hold mixed martial
arts competition.
(2) "Choke" means a submission technique which
restricts blood flow in the carotid arteries,
resulting in a competitor either tapping-out or
losing consciousness including guillotine
choke, rear-naked choke, leg triangle choke,
and the arm triangle choke.
(3) "Fish-hooking" means the action of hooking
(grasping) and pulling the inside of an
opponent's cheek so as to control his head
movement
(4) "Gi" means the traditional uniform worn when
practicing aikido, jujitsu, judo and karate.
(5) "Grappling" means the techniques of throwing,
locking, holding, and wrestling, as opposed to
kicking and punching.
(6) "Guard" means a position in which one
competitor lies on his back with his or her
knees bent and legs open. If his or her
opponent is between his or her legs, the
opponent is in his or her guard. Depending
upon the leg position of the fighter on his or
her back, the guard is referred to as being an
open, closed, half, butterfly, spider, or rubber-band
guard.
(7) "Hammer-fist" means a strike with the small
finger side of the fist, as if holding a hammer.
(8) "Kickboxing" means a striking sport which
permits punches, kicks, and knees.
(9) "Mount" means a position in which a
competitor gains top position and controls his
or her opponent by sitting on top of him or her
or from the side of the opponent.
(10) "Passing the guard" means a fighter's attempt
to escape from his or her opponents guard in
order to secure the mount position.
(11) "Spike, Spiking" means after lifting and
inverting an opponent or attempting to slam
him or her headfirst into the canvas.
(12) "Strikes" means a cumulative number of
punches administered by a contestant to his or
her opponent.
(13) "Submission" means a grappling technique
which forces a contestant to tap-out.
Techniques include chokes, and the
hyperextension or over-rotation of a joint.
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(14) "Tap-out" means the physical act of tapping
the opponent, the mat, or one's self to signal a
submission. When unable to physically tap-out,
a submission may be vocal.
History Note: Authority G.S. 143-652.1; 143-651;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1996;
Transferred and recodifed from 18 NCAC 09 effective November
8, 2002;
Amended Eff. March 1, 2008.
14A NCAC 12 .0103 NORTH CAROLINA STATE
BOXING AUTHORITY SECTION OF THE ALE
DIVISION
(a) A Division representative shall:
(1) Approve, issue, withhold or deny licenses and
permits according to the provisions of G.S.
143-654 and G.S. 143-655 and the rules set
forth in this Chapter;
(2) Be present at all matches;
(3) Ensure that all matches are conducted in
accordance with the provisions of G.S. 143,
Article 68 and the rules set forth in this
Chapter. This includes appointing or causing
to be appointed licensed match officials and
reviewing and approving or disapproving a
match or fight card based on weights, abilities,
records or physical condition of the
prospective contestants. The Division
representative shall not approve a match where
it is reasonable to assume, based on weights,
abilities, records or physical condition of the
prospective contestants that the match would
not be competitive.
(4) Ensure that all the requirements indicated in
this Chapter to be the responsibility of the
Boxing Authority Section of the Division are
properly and timely carried out as set forth in
this Chapter;
(5) Appoint the inspectors for each match for
which he is responsible. There shall be a
minimum of two referees, three judges (plus
two kick count judges for kickboxing
matches), one announcer, and one timekeeper
present at each match;
(6) Inscribe the result of each match on the
passport of each participant, if so requested;
(7) Have rubber gloves available for use by the
seconds, physicians and officials; and
(8) Ensure that all officials are paid by the
promoter prior to their leaving the premises of
the boxing matches after the matches have
been concluded; and that all officials
acknowledge by signature, on a form provided
by the Division, the receipt of payment.
(b) Each inspector shall observe and report the conduct of the
seconds in the corner of his designated contestant during the
course of the match and immediately report any violation or
suspicious or improper behavior to the Division representative.
Each inspector shall be present in his designated contestant's
dressing room to insure that:
(1) No illegal drugs or foreign substances are
ingested or used. Any use or suspected use of
an illegal drug or foreign substance shall be
immediately reported to the Division
representative;
(2) Handwraps are applied in accordance with the
rules in this Chapter;
(3) Gloves to be used are clean, sanitary and in
good condition, and are laced and tied;
(4) A urine sample is collected, when necessary,
in accordance with the prescribed protocol as
designated by the rules in this Chapter; and
(5) Security is maintained for the protection of the
contestant, and the public, and to ensure that
the Division representative and inspectors can
carry out the provisions of G.S. 143, Article 68
and the rules set forth in this Chapter.
(c) Forms for applications for licenses and permits are available
from the Boxing Authority Section of the Division. These forms
may be obtained by contacting, and shall be filed with:
NC ALE Boxing Authority Section
Department of Crime Control and Public Safety
4704 Mail Service Center
Raleigh, North Carolina 27699-4704
Telephone (919) 733-3925.
History Note: Authority G.S. 143-652.1; 143-651(7a); 150B-
38; 150B-39; 143-654;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. March 1, 2008; October 1, 2004.
14A NCAC 12 .0201 DRUGS AND FOREIGN
SUBSTANCES
(a) No contestant shall at any time, use or be under the influence
of any drug or foreign substance that would increase or decrease
his performance, or impair his or the physician's ability to
recognize a potentially serious injury or physical condition. No
substance, other than plain drinking water, shall be given to or
ingested by a contestant during the course of a match.
(b) The following drug or foreign substance classifications are
prohibited except as otherwise indicated:
(1) Stimulants--All stimulants are banned with the
following exceptions:
(A) Caffeine--provided, however, that an
amount greater than 12 mcg/ml in the
urine is prohibited;
(B) Beta 2 Agonist--provided it is
selected from the following list and is
in aerosol or inhalant form only:
Drug Chemical Brand Name
(i) Mesylate Tornalate
(ii) Metaproterenol Sulfate Alupent, Metaprel
(iii) AlbuterolSulfate Ventolin, Proventil
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(iv) TerbutalineSulfate Brethaire
(2) Narcotics;
(3) Anabolic Steroids, including human growth
hormone;
(4) Diuretics;
(5) Alcohol;
(6) Local Anesthetics; and
(7) Corticosteroids.
(c) Whenever the Division representative has reason to believe
that a contestant has ingested or used a prohibited drug or
foreign substance, the Division representative shall request and
the contestant shall provide, under the supervision of a
physician, Division representative or inspector, a sample of his
urine taken not more than 1 hour after the conclusion of the
match. No contestant shall use substances or methods which
would alter the integrity of the urine sample.
(d) Failure or refusal to provide a urine sample immediately
upon request shall result in the revocation of the contestant's
license. Any contestant who has been adjudged the loser of a
match and who subsequently refuses or is unable to provide a
urine sample shall forfeit his share of the purse to the Division.
Any contestant who is adjudged the winner of a match and who
subsequently refuses or is unable to provide a urine sample shall
forfeit the win and shall not be allowed to engage in any future
match in North Carolina. A no decision result shall be entered
into the official record as the result of the match. The purse
shall be redistributed as though the contestant found to be in
violation of this Section had lost the match. If redistribution of
the purse is not necessary or after redistribution of the purse is
accomplished, the contestant found to be in violation of this
Section shall forfeit his share of the purse to the Division.
(e) After each match the physician shall advise the Division
representative as to whether or not he observed any behavior or
other signs that would indicate the advisability of processing the
urine sample. The Division representative shall make the final
decision as to the processing of the urine sample.
(f) The following apply to the external use of drugs or foreign
substances by contestants.
(1) No drug or foreign substance shall be used
unless expressly provided for in the rules in
this Chapter or as directed by a physician.
(2) The following drugs or foreign substances may
be used by contestants under the conditions
described in this Chapter:
(A) Petroleum Jelly--The use of
petroleum jelly is allowed around the
eyes. However, the use of petroleum
jelly on the arms, legs and body of a
contestant is prohibited.
(B) The use of a 1/1000 solution of
Adrenalin and Avitine, or their
generic equivalents, as approved by a
physician, is allowed between rounds
to stop bleeding of cuts and
lacerations sustained by a contestant.
(3) Any contestant determined to have been using
or under the influence of a prohibited drug or
foreign substance and who has been adjudged
the loser of a match shall forfeit his share of
the purse to the Division. Any contestant
determined to have been using or under the
influence of a prohibited drug or foreign
substance and who has been adjudged the
winner of a match, shall forfeit the win and a
no decision result shall be entered into the
official record as the result of the match. The
purse shall be redistributed as though the
contestant found to be in violation of this
Section had lost the match. If redistribution of
the purse is not necessary or after
redistribution of the purse is accomplished, the
contestant found to be in violation of this
Section shall forfeit his share of the purse to
the Division. The following penalties shall be
assessed against any contestant found to be in
violation of this Section:
(A) For the first occurrence the contestant
shall be penalized by suspending the
contestant's license banning his
participating in any manner, in any
match for a period of 180 calendar
days;
(B) For the second occurrence the
contestant shall be penalized by
suspending the contestant's license
and banning his participation in any
manner in any match for a period of
one year;
(C) For the third occurrence the
contestant shall be penalized by
permanently revoking the contestant's
license and banning permanently his
participation in any manner in any
match or activity regulated by G.S.
143, Article 68.
(4) No person licensed by the Division shall
participate in or contribute to the act of
violating this Section and any violation shall
be grounds for suspension or revocation of all
licenses held by such person. Any person
found to be in violation of this Section shall
forfeit his share of the purse or other
compensation to the Division and shall be
assessed the following penalty:
(A) The first occurrence shall be
penalized by suspending the person's
license and banning his participating
in any manner, in any match for a
period of 180 calendar days;
(B) The second occurrence shall be
penalized by suspending the person's
license and banning his participation
in any manner, in any match for a
period of one year;
(C) The third occurrence shall be
penalized by permanently revoking
the person's license and banning
permanently his participation in any
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manner, in any match or activity
regulated by G.S. 143, Article 68.
(g) Drugs, containers and other equipment used in conjunction
with a match, regardless of why or how they are used or where
they are located shall at all times be available for inspection by a
physician, referee or Division representative and shall be seized
if there is any evidence that they may have been used to violate
or are in violation of any provision of G.S. 143, Article 68 or the
Rules in this Chapter.
(h) Every person under the jurisdiction of the Division shall
immediately advise the physician, referee or Division
representative of any knowledge that any contestant scheduled to
be engaged in any match has, in violation of this Section,
ingested or is under the influence of any drug or foreign
substance prohibited by the rules in this Chapter.
History Note: Authority G.S. 143-652.1;
Recodified from 18 NCAC 9 .0104(aa)-(dd) Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. October 1, 2004;
Amended Eff. March 1, 2008 (recodified from 14A NCAC 12
.0109).
14A NCAC 12 .0301 PHYSICAL EXAMINATION
(a) Pre-Match Examination-A pre-match physical examination
shall be given to each contestant by a physician not more than
four hours before the start of the program of matches. The
physician conducting the pre-match physical examination shall
submit to the Division representative the results of the pre-match
physical on a form provided by the Division. The physician shall
certify his professional assessment as to whether or not the
contestant is physically and mentally fit to engage in the match.
A contestant shall not be permitted to engage in a match unless
he has been examined and pronounced fit to do so by a
physician.
(b) Post-Match Examination-At the conclusion of a match and
before each contestant leaves the premises, he or she shall be
given a post-match examination by a physician. The physician
conducting the post-match physical examination shall submit to
the Division representative the results of the post-match physical
examination on a form provided by the Division. The physician
shall certify his professional assessment as to the contestant's
physical condition, whether or not a medical suspension is
necessary, and whether additional medical treatment or
assessments are necessary.
(c) The Pre-Match examination given to all contestants shall
include the following:
(1) Temperature;
(2) Pulse; sitting, standing and running;
(3) Lungs;
(4) Heart; and
(5) Blood pressure.
(d) At the time of the pre-match physical examination, the
promoter shall furnish to the physician a provided pregnancy test
for all female contestants. The results of the pregnancy test shall
be reported on a form provided by the Division. If the promoter
does not have the test kits on site, the Division representative
shall provide test kits, the cost of which shall be paid by the
promoter. A contestant who tests positive for pregnancy shall
not be cleared or allowed to compete in any match.
(e) A contestant shall not engage in any match if any of the
following conditions are found by the physician:
(1) Hernia, or bubonocele;
(2) Organic heart murmurs;
(3) Active pulmonary lesions;
(4) Abnormal temperature as determined by the
physician;
(5) Systolic pressure over 150 and diastolic
pressure over 90;
(6) Infectious skin lesions, such as boils or
infected wounds;
(7) Open wounds;
(8) Hand injuries, and fractures less than 6 weeks
old, if, in the physician's opinion, the injury
would be detrimental to the contestant's health
or ability to effectively compete or exhibit;
(9) An indication that the contestant is using or is
under the influence of narcotics, drugs,
stimulants, depressants, alcohol, local
anesthetics or such a high level of analgesics
as to render the contestant unable to recognize
if he is seriously injured. If the physician finds
any indication or evidence that the contestant
is using, is under the influence, of
unauthorized drugs or foreign substances such
that the physician cannot make a definite
determination and therefore allows the match
to proceed, the physician shall immediately
advise the Division representative who shall
ensure that a urine sample is taken and
processed in accordance with the rules in this
Chapter;
(10) Retinopathy or detached retina; provided
however, that at the request, of the applicant
the Division shall review individual cases of
repaired retinal damage for the purpose of
permitting the individual to engage in a boxing
match in North Carolina. In order for the
Division to consider the request the individual
must provide to the Division such medical
information as the Division deems appropriate
which must include a written statement by the
doctor performing the retinal repair that the
retina is completely healed; that in his opinion,
within a reasonable medical certainty, no
unusual or extraordinary risk to the individual
is anticipated as a result of the repaired retina;
and that he authorizes the individual to engage
in the sport of boxing, kickboxing or mixed
martial arts. In the event the physician who
made the repair is unavailable, the individual
must authorize the Division and the Division's
physician total and unlimited access to all
medical records pertaining to the damage,
repair of the damage and any subsequent
treatment regarding the eyes. The Division
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shall direct its physician to review all
information and to examine the individual
seeking licensure and report the results and
recommendation to the Division for
consideration by the Division. Any costs
associated with the review and examination of
records or the individual shall be borne by the
individual seeking licensure;
(11) Dental abscess;
(12) Ophthalmological problem;
(13) History of epilepsy or seizures;
(14) Blindness;
(15) History of kidney problems;
(16) Change in gait or balance; or
(17) History of any change in a CAT scan,
electroencephalogram (EEG), or
electrocardiogram (EKG).
(f) If at any time, the Division representative determines that the
match may be adverse to the health of a contestant or referee, the
Division representative shall order the contestant or referee to be
medically examined by a physician. The physician conducting
the medical examination shall submit to the Division the results
of the examination on a form provided by the Division. The
physician shall certify his professional assessment as to: the
contestant's or referee's physical conditions, whether or not a
medical suspension is necessary and the recommended length of
suspension commensurate with the specified injury; and whether
additional medical treatment or assessments are necessary.
History Note: Authority G.S. 143-652.1;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9 .0104(g)-(j) Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. October 1, 2004;
Amended Eff. March 1, 2008 (recodified from 14A NCAC 12
.0105).
14A NCAC 12 .0401 PERMITS
(a) No promoter shall be given tentative approval for or issued a
permit if such person has an unpaid fine or any delinquent
indebtedness outstanding to the Division.
(b) Each application for a permit shall be in writing, verified by
the applicant, complete, and be accompanied by the required fee.
The application for permit shall be on file with the Division at
least 30 calendar days prior to the scheduled program of
matches.
(c) Upon receipt of the application for permit, the Division
representative shall review the application and, if the application
is in compliance with the requirements of G.S. 143, Article 68
and the rules set forth in this Chapter, he shall give tentative
approval to the promoter for the proposed date of the program.
If the Division representative determines that the application for
permit is not in compliance with Article 68 or the rules as set
forth in this Chapter, he shall immediately advise the promoter
that the application for permit has been disapproved and shall
state the reasons that the application is not in compliance. The
Division representative shall deny an application for permit if
another program of matches has previously been scheduled for
the same date, and he has determined that adequate staff would
not be available to properly supervise both programs of matches.
(d) The promoter shall provide the proposed fight card not later
than seven calendar days prior to the proposed date of the
program. The promoter may advise the Division representative
verbally of the names of the proposed contestants. The Division
representative shall review the proposed fight card and, if he
determines that all the proposed matches meet the requirements
of Article 68, and the rules set forth in this Chapter, he shall
approve the proposed fight card. If the Division representative
determines that the proposed fight card is not in compliance with
Article 68 or the rules set forth in this Chapter, he shall not
approve the proposed fight card and shall immediately advise the
promoter that the proposed fight card has been disapproved and
the reasons for the disapproval.
(e) All other pre-match requirements of the promoter described
in Article 68 and the rules set forth in this Chapter shall be
accomplished before final approval is given and the permit
issued. The final approval of the permit shall not be given
unless the Division representative has observed that all
requirements related to facilities, equipment, personnel,
licensing and approvals, and procurement of insurance have
been met by the promoter. Immediately upon determining that
the promoter has met all the requirements as set forth in this
Chapter, the Division representative shall issue the permit. If the
Division representative determines that the promoter is not in
compliance with the requirements set forth in this Rule, the
Division representative shall rescind the tentative approval of the
permit and the program of matches shall be canceled. If the
program of matches is canceled, all tickets shall be refunded in
accordance with the refund provisions set forth in the rules in
this Chapter.
(f) A permit is only valid for the program of matches for which
it was issued. A new permit is required for each program of
matches. If, after the payment of the permit fee to the Division a
program of matches is canceled for any reason, whether by the
promoter or the Division, the permit fee shall not be refunded,
provided however, that the fee shall be refunded if the
cancellation by the Division was the result of an error made by
the Division and which was through no fault of the promoter.
(g) A non-refundable permit fee shall be submitted with the
application for permit and shall be based on the seating capacity
of the premises to be utilized to present the program of matches.
The following fee structure shall be utilized to determine the
permit fee:
(1) Seating capacity is less than 2000--
Fee=$150.00
(2) Seating capacity is 2000 or more but no
greater than 5000--Fee=$300.00
(3) Seating capacity exceeds 5000--Fee=$$450.00
History Note: Authority G.S. 143-652.1; 143-655;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9.0105 Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. November 1, 2004;
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1663
Amended Eff. March 1, 2008 (recodified from 14A NCAC 12
.0110).
14A NCAC 12 .0402 LICENSING REQUIREMENTS
(a) A person shall not be issued a license if such person has an
unpaid fine or any delinquent indebtedness outstanding to the
Division.
(b) A person shall not be issued a license who, in any
jurisdiction, has been convicted of any act which would
constitute a violation of G.S. 143, Article 68 or the rules set forth
in this Chapter; or which would constitute any of the grounds set
forth in G.S. 143, Article 68 for suspension or revocation of a
license; or against whom such charges are pending before any
regulatory body.
(c) A person shall not be issued a license who has been named
in a pending administrative action or indictment for any act
which would constitute a violation of G.S. 143, Article 68 or the
rules set forth in this Chapter.
(d) A person shall not transfer or attempt to transfer, including
by the use of a power of attorney, any rights, privileges,
responsibilities, duties, obligations or liabilities which by their
nature are entitled to or encumbered by only those individuals
holding a license to perform and be responsible for such
activities.
(e) For the purposes of the rules in this Chapter, the
requirements and responsibilities of a co-promoter are the same
as that of a promoter, and wherever the term promoter is used it
is deemed to include the term co-promoter.
(f) All applications for a license shall be in writing on a form
provided by the Boxing Authority Section of the Division,
verified by the applicant, complete, and accompanied by the
required fee.
(g) Upon receipt of an application for a license, the Division
representative shall review the application and, if the application
is in compliance with the requirements of G.S. 143, Article 68
and the rules set forth in this Chapter, he shall issue the license.
If the Division representative determines that the application is
not in compliance, he shall notify the applicant and set forth the
reasons for his finding that the application is not in compliance.
(h) An application for the renewal of a license shall be
submitted on the same forms as referenced in this Rule and all of
the requirements, standards, and criteria used to approve or
disapprove an application for a new or initial license shall be
used to approve or disapprove the application for the renewal of
a license.
History Note: Authority G.S. 143-652.1; 143-655;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9.0106 Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. November 1, 2004;
Amended Eff. March 1, 2008 (recodified form 14A NCAC 12
.0111(a-h)).
14A NCAC 12 .0403 DUTIES OF CONTESTANTS
(a) A contestant shall not also be licensed as a judge, promoter
or referee nor shall he act as judge, promoter or referee.
(b) A contestant shall not have any financial or pecuniary
interest in his opponent.
(c) A contestant shall not be licensed as a contestant and the
license of any contestant shall be suspended or revoked if such
person:
(1) Is under 18 years of age;
(2) Has had cardiac surgery;
(3) Has not received ophthalmic examination
within the immediate 12 month period prior to
the date of the scheduled match and the results
of the examination filed with the Division;
(4) Is found to have any blindness or whose vision
is so poor as to cause a health hazard or
impairment to his ability to effectively
participate in a match;
(5) Has suffered cerebral hemorrhage or any other
serious head injury. The Division
representative shall, if he has cause to believe
that a contestant may have suffered
neurological injury, direct the contestant to
undergo an EKG or CAT scan, and the
interpretation and diagnosis shall be filed with
the Division; or
(6) Is no longer able to competently perform
based on his win/lose/draw record, his
previous opponents and the results of such
matches, his proposed opponent and the results
of the matches between his proposed opponent
and others, and his physical condition.
(d) A contestant whose most recent match was eight rounds or
more in duration, shall not engage in a match with less than
seven calendar days between matches. A contestant whose most
recent match was less than eight rounds in duration, shall not
engage in a match with less than 48 hours between matches.
(e) Any contestant who fails to appear at a match or fails to
appear timely at a match for which he or his manager has
contracted and does not provide a valid reason or, in the case of
physical disability, furnish a physician's certificate, shall be
suspended for a period to be determined by the Division. A
valid reason for failure to appear or to appear timely at a match
includes an unforeseen travel delay or other circumstance
beyond the contestant's control. In making a determination as to
the period of suspension, the Division shall consider the
following factors:
(1) The relative importance of the match;
(2) The contestant's past record of punctuality and
tardiness; and
(3) The reason or reasons for his failure to appear
or appear timely.
History Note: Authority G.S. 143-652.1; 143-655;
Temporary Adoption Eff. January 1, 1996;
Recodified from 18 NCAC 9 .0106 Eff. April 1, 1996;
Eff. April 1, 1996;
Transferred and recodified from 18 NCAC 9 effective November
8, 2002;
Amended Eff. November 1, 2004;
Amended Eff. March 1, 2008 (redodified from 14A NCAC 12
.0111(i)).
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14A NCAC 12 .0404 DUTIES OF PROMOTERS AND
MATCHMAKERS
(a) A promoter or matchmaker shall not act as a promoter or
matchmaker for any boxing or kickboxing match in this State
unless the match is held in accordance with the rules in this
Chapter.
(b) Any person licensed as an individual shall have sole
ownership of such license and such license is not transferable or
assignable to another. If such person is no longer in business,
the license is void.
(c) Any license issued to and in the name of a corporation is not
transferable or assignable to another. If such corporation is no
longer in business or no longer operates as the corporation, the
license is void. If any officer of the corporation is added or
deleted, the licensee shall, within 10 calendar days, notify the
Division of such addition or deletion. A newly added officer
shall submit an application for promoter or co-promoter license.
(d) Any license issued to a partnership is not transferable or
assignable to another. If the partnership is no longer in business
or no longer operates as the partnership, the license is void,
provided however that if the business continues to operate but
does not operate as a partnership and the sole remaining person
was one of the licensed partners and all other previous licensed
partners have, in writing, authorized such sole remaining person
to have control and use of the licensed name, than the license
may remain in force and effective until its expiration date, at
which time the person shall apply as an individual.
(e) A promoter shall not be licensed as a judge or referee.
(f) An applicant for a promoter's license shall satisfy the
following bonding requirements:
(1) An applicant for a promoter license shall
deposit with the Division a bond or other
security in the amount of ten thousand
($10,000) prior to being issued a promoter
license. If, at any time and for whatever
reason, the bond or other security is not
maintained in full force and effect, the license
is automatically void.
(2) If the Division determines that the projected
liability for a match may exceed ten thousand
dollars ($10,000) the Division representative
shall require an additional bond or additional
security for the match. The additional bond or
additional security shall be required and used
only for the designated match and shall be
released or returned 90 calendar days after the
date of the match unless, as a result of
violations or suspected violations, the Division
representative determines that the additional
bond or additional security shall be retained by
the Division for a longer period.
(3) The bond and other security, or additional
bond and additional security shall be filed with
the Division for the purpose of providing
surety that the promoter will faithfully perform
and fulfill his obligations as described in
Article 68, and the rules set forth in this
Chapter. Any fault, negligence, error or
omission, failure to fulfill contractual
obligations, violation of any rules of the
Division or any other act or failure to act may
result in a claim for recovery from the bond
and recovery from the other security. When
the amount of recovery cannot be determined
by the Division due to the failure of the
promoter to perform as required by G.S. 143,
Article 68 or the rules set forth in this Chapter,
the Division shall recover the face value of the
bond and other security and the additional
bond and additional security, as appropriate
provided however that the recovery shall not
be greater than the amount of the bond and
other security required to be deposited with the
Division.
(4) A bond or additional bond is acceptable if the
following conditions are met:
(A) The bond or additional bond shall
have attached the Division Director as
power of attorney, which power of
attorney shall not have an expiration
date;
(B) The bond and additional bond shall
provide surety in an amount equal to
the face amount of the bond and
additional bond and the aggregate
annual liability shall be for the face
amount of the bond and additional
bond;
(C) The bond and additional bond shall
be made out in the name of the
Division of Alcohol Law
Enforcement, Boxing Authority
Section and shall be negotiable on the
authority of the Division
representative;
The bond and additional bond may not be
canceled, for any reason, unless the following
conditions have been met, provided however,
when an additional bond is required, as
referenced in this Part (f)(4)(B) in this Rule
shall not apply:
(i) The surety company has
provided the Division at
least a 60 calendar-da